The significance of cracking down on junk patents

Some media have summarized the reasons for the formation of the so-called "junk patents": first, the patent application review is not strict, and second, many people have exploited the loopholes in the substantive review of design and utility model, which has led to the emergence of "junk patents". This is the reason at the institutional level, and another reason is that science popularization is not strong enough. The public thinks that all patents are the same, and I don't know if there are others who can get patent certificates without substantive examination, leaving room for criminals to cheat.

There are three kinds of national patents: invention patents, utility model patents and design patents. Among the three kinds of patents, the invention patent is the one with the highest gold content, and it takes several years from application to grant. The latter two patents have nothing to do with scientific and technological content, and can be obtained by filling in the relevant application form as required. A large number of primary school students' patents are utility model and design patents. As long as the format is correct, they are authorized by 100%. In the past, you can get extra points when you go to junior high school. With the popularization of the truth, junior high school enrollment is now denied.

Indeed, according to the standards of "innovation" and "stable rights", there are indeed some legal and effective patents that belong to "junk patents" under the condition that inventions, utility models and designs coexist in China, but this is only a very small number. In fact, how many "junk patents" are caused by some people's ignorance or even misunderstanding of the patent system?

Judging from the current domestic development, the biggest source of junk patents should be the manufacturers who specialize in copying. In the process of manufacturing and selling imitations, these manufacturers find that China people pay more and more attention to original products. Another interpretation of the original version is the meaning of patented product, so the imitation factory will apply for a patent with some unimportant or uncreative genuine products. Some people may ask, why can such a rough patent get a certificate?

Because the country adopts a declarative patent for the new structure, it is quite easy to get this patent certificate, but it is necessary to make a search report on this patent when it comes to the validity of the patent. The cost of retrieving the report is more expensive than the cost of applying for a patent. After the retrieval report comes out, it will clearly tell you whether the patent is innovative and novel. If a patent is not innovative, it will not enjoy a patent right in law.

People in China pay more and more attention to patent rights. In order to survive, imitation factories should start to invest in research and development and develop their own products. The imitation factory, on the other hand, applied for a junk patent and used it to defraud orders. You must take precautions.