Patent is a legal way to protect innovative research results and obtain commercial benefits for inventors. Patent application is an important means to protect the inventor's invention from infringement by others.
Generally speaking, the best time to apply for a patent is before technological innovation is proved feasible and commercialized. This will not only ensure that technological innovation will not be stolen and infringed, but also lock in the technical field in advance and gain a competitive advantage. In addition, considering that the patent law stipulates that a patent application must be made before the invention is made public, it is more in line with the legal requirements to apply in advance.
Therefore, inventors need to apply for patents in time and safeguard their intellectual property rights as soon as possible. At the same time, patent application should also be combined with market demand and competition to determine the best time. If the market prospect is good and there are few competitors, you can apply for a patent as soon as possible.
Patent characteristics
1, exclusive
That is exclusivity. It means that in a certain period (within the validity period of the patent right) and in a certain area (within the legal jurisdiction), no unit or individual may exploit its patent without the permission of the patentee.
For inventions and utility models, it is forbidden to manufacture, use, promise to sell, sell or import patented products for production and business purposes; For a design, it is forbidden to manufacture, promise to sell, sell or import its patented product for the purpose of production and operation, otherwise it is an infringement.
2. Regionality
Regionality means that the patent right is a right with geographical restrictions and is only valid within the legal jurisdiction. Except in some cases, according to international conventions for the protection of intellectual property rights, and individual countries recognize the validity of patents approved by another country, in which country can a technological invention apply for a patent?
Which country granted the patent right is only valid within the scope of the patent granting country, but it is not legally binding on other countries, and other countries do not undertake any protection obligations. However, the same invention can be patented in two or more countries at the same time, and its invention can be protected by law in all the applicant countries after it is approved.