Brief introduction of three kinds of patent texts
1. Patent application text
Application text refers to the text submitted by the applicant when filing a patent application. Once the patent application is accepted, China National Intellectual Property Administration will determine the date and number of the patent application and determine the text of the patent application.
2. Open the text
Summary of the invention
The public text of an application for a patent for invention refers to the text published by the patent administration department of the State Council in accordance with the provisions of Article 34 of the Patent Law after the application text has passed the preliminary examination, and the public text is marked with the public number and date.
(2) The public text of the utility model
Because the patent for utility model is a preliminary examination system, its public text is marked with the number and date of the authorization announcement.
3. Authorization announcement text
The text of authorization announcement refers to the text published when the patent administrative department of the State Council makes a patent authorization decision and makes an announcement after the application for a patent for invention has undergone substantive examination or the application for a patent for utility model has met the authorization conditions after preliminary examination. The claims in the text of the authorization announcement may change due to various invalidation procedures, and the latest legal status shall be subject to the records in the patent register.
So what's the difference between these words? Simply put, the application text is the original text you submitted to the Patent Office, and the announcement text may be the text you actively or passively modified to overcome the defects of the application documents. Authorized text This is the final text determined by the game between the applicant and the examiner. Of course, the above three characters may be exactly the same.
Legal effect of three kinds of patent texts
1. The application text refers to the originally submitted application text, and its display range is "the range recorded in the original specification and claims" as mentioned in Article 33 of the Patent Law, which serves as the basis for judging whether the modification is beyond the scope.
2. The public text can be regarded as the prior art referred to in the fifth paragraph of Article 22 of the Patent Law, and it is a text that can be obtained by the public. For invention patents, the technical scheme of an application for a patent for invention is in the stage of "temporary protection" from the date of publication to the date of announcement of patent authorization.
3. Authorization text, according to the provisions of Article 39 or Article 40 of the Patent Law, the patent right shall take effect from the date of authorization announcement, that is, between the date of authorization announcement and the date of termination of the patent right, patent infringement may occur.
The above are the definitions and functions of three kinds of patent texts, which I hope will help you. Of course, in specific rights litigation, when determining the scope of patent protection, the final effective text shall prevail. Article 11 of the Guide for Determining Patent Infringement (20 17) specifically stipulates as follows:
When determining the scope of patent protection, the patent text authorized by the patent administrative department of the State Council or the legally effective request for invalidation shall be taken as the review decision and relevant confirmation administrative judgment.