Introduction of invention patents? Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement; Invention patents protect all new products and methods, and the protection period of invention patents is 20 years. Invention patents can only be authorized after two stages: preliminary examination and substantive examination, which takes a long time and costs a lot, but the legal status after authorization is relatively stable.
Conditions for granting a patent. Novelty means that before the filing date, no identical invention has been published in publications at home and abroad, publicly used in China or known to the public in other ways, and no identical invention has been applied to China National Intellectual Property Administration by others and recorded in the patent application documents published after the filing date.
2. Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
3. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Protection of invention patent right? Patent right is the most important kind of intellectual property. As we enter the market economy and participate in international competition, patents become very important. Enterprises without independent intellectual property rights are increasingly difficult to develop. They can only engage in some low-profit product processing or simple imitation, or they will go to court if they can't, which greatly restricts the development of enterprises.
The purpose of applying for a patent is to obtain a patent right. With the patent right, no one else can exploit the patent without the permission of the patentee. If it is implemented, the patentee can claim his rights by suing the people's court or requesting the patent management authority to stop the infringement and compensate for the losses. If an enterprise applies for a patent for the innovative technology in a product and obtains a patent right, the product can monopolize the market for a period of time; For patented technologies that do not want to be marketed, they can also be licensed or transferred to other enterprises for licensing or transfer fees.
In addition, applying for a patent also provides a guarantee for enterprises to use this technology safely.
If others apply for patents for the core technology of market-oriented products, enterprises may face the danger of infringement.
Therefore, using the benefits brought by the patent system can accumulate and enhance the intangible assets of enterprises and make contributions to the development of enterprises.
The market economy is fiercely competitive. Shopping malls are like battlefields, and everyone knows that their products can occupy the market. To achieve this goal, it is necessary to apply for patents for the inventions and innovative product appearances of enterprises in time, so that the inventions and creations of enterprises can be protected by national laws. Otherwise, anyone can use their inventions, anyone can copy their products and lose the opportunity to occupy the market. If they don't apply for a patent in time, when other industries know about your invention and creation, they will take the achievements of the enterprise as their own, file a patent application for the achievements of the enterprise, and when they get the patent right, they will in turn sue the court or the patent management authority for patent infringement of the enterprise, making the labor achievements of the original inventor unusable and unenforceable, putting the original inventor in a passive position of being beaten.
Invention data requirements 1, name of invention (or utility model) 2, technical field? 3. Background technology is the closest existing technology of the same kind compared with the invention, and it is the starting point and basis for making the invention. If necessary, it should be explained with the help of attached drawings, which may include: structure, relationship and conditions between components, process flow, etc.
It is very important to choose this technology. Generally, literature retrieval should be given priority to, and it is best to provide copies of documents introducing existing technologies and their sources.
Point out the problems and shortcomings in the background technology (limited to the problems and shortcomings to be solved by the present invention), the existing reasons and the difficulties encountered in overcoming them.
4. The technical problem to be solved by the present invention is aimed at the problems (i.e. shortcomings) in the prior art, which is the problem to be solved by the present invention.
5. Technical scheme of the invention (echoing claims, especially independent claims, i.e. main protection scope).
In order to solve the above technical problems, the technical means (a set of technical features) adopted in the present invention should be clearly, completely and accurately described. These are the inventive points of the present invention which are different from the prior art, and should be described as clearly as possible, so that those skilled in the art can realize them, and when describing each technical means, their roles in the present invention should be explained accordingly.
The scheme of this part should be a general description of the following embodiments.
6. What is the effect of the invention? Corresponding to the purpose and means of the present invention, the effects that can be achieved by the present invention compared with the prior art will be described concretely and realistically (preferably with specific data).
We can analyze structural features, theoretical explanations and experimental data.
7. Drawings and Brief Description of Drawings The inventor shall provide and describe the necessary drawings of the invention, and the utility model must have drawings.
The appended drawings should clearly reflect the innovation, so various drawing methods can be adopted, and the parts mentioned in the application documents are numbered uniformly.
The drawings referring to the same parts should have the same numbers.
If necessary, drawings related to the existing technology should also be provided.
Generally, words should not appear in the attached drawings.
8. incarnation? Examples of realizing the above invention are listed and described with reference to the attached drawings.
By making good use of this embodiment, the applicability of the invention can be increased, and the weight of the invention can be increased.
The description of the embodiment should include: structure, function and effect.
In order to facilitate understanding, we can also explain the action process, operation steps and so on.
Many embodiment can be cited.
9. Summary of invention (used for abstract of instruction)? Briefly introduce the content of the invention, generally referring to the composition and effect of the invention.
(limited to 300 words).
The process of applying for a patent for appearance? Product appearance patent: the application for a patent for design shall provide the design drawings or photos of the product (including front view, back view, top view, bottom view, left view, right view and three-dimensional view), with the specific requirements as follows: 1, and the proportion of each view (or photo) shall be consistent; 2, should be drawn in accordance with the orthographic method, or according to the orthographic photography; 3. There must be no shortage of views or photos that reflect the key points of product design; 4. When the six-sided or multi-sided view (or photo) can't fully express the product design, it should be supplemented with necessary drawings (or photos) such as expanded view, enlarged view, three-dimensional view, and service state reference view; 5. For the combined products of two or more projects (separable project combination), apart from the corresponding views (or photos) of the combined status, separate views (or photos) shall be provided when necessary.
Processing time of the whole process of design patent: it takes about 4~6 months from application to evidence collection of design patent.
The term "design" as mentioned in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern or combination of shape, pattern and color of a product.
Design patent focuses on the shape, pattern or the combination of shape, pattern and color of the product, which is the external form of the product directly accepted by consumers.
Protection of patent right? Patent right is the most important kind of intellectual property. As we enter the market economy and participate in international competition, patents become very important. Enterprises without independent intellectual property rights are increasingly difficult to develop. They can only engage in some low-profit product processing or simple imitation, or they will go to court if they can't, which greatly restricts the development of enterprises.
The purpose of applying for a patent is to obtain a patent right. With the patent right, no one else can exploit the patent without the permission of the patentee. If it is implemented, the patentee can claim his rights by suing the people's court or requesting the patent management authority to stop the infringement and compensate for the losses. If an enterprise applies for a patent for the innovative technology in a product and obtains a patent right, the product can monopolize the market for a period of time; For patented technologies that do not want to be marketed, they can also be licensed or transferred to other enterprises for licensing or transfer fees.
In addition, applying for a patent also provides a guarantee for enterprises to use this technology safely.
If others apply for patents for the core technology of market-oriented products, enterprises may face the danger of infringement.
Therefore, using the benefits brought by the patent system can accumulate and enhance the intangible assets of enterprises and make contributions to the development of enterprises.
The market economy is fiercely competitive. Shopping malls are like battlefields, and everyone knows that their products can occupy the market. To achieve this goal, it is necessary to apply for patents for the inventions and innovative product appearances of enterprises in time, so that the inventions and creations of enterprises can be protected by national laws. Otherwise, anyone can use their inventions, anyone can copy their products and lose the opportunity to occupy the market. If they don't apply for a patent in time, when other industries know about your invention and creation, they will take the achievements of the enterprise as their own, file a patent application for the achievements of the enterprise, and when they get the patent right, they will in turn sue the court or the patent management authority for patent infringement of the enterprise, making the labor achievements of the original inventor unusable and unenforceable, putting the original inventor in a passive position of being beaten.
Preparation before patent application? Pay attention to confidentiality and try to apply for a patent before the following situations happen: 1. Product marketing. Convene technical exchange meetings and technical or product appraisal meetings; 3. Participate in technology or product exhibitions or trade fairs; 4. Negotiate technology transfer or cooperation with others; 5. Other circumstances that may lead to leakage and loss of novelty.