What is the function of international patent application?

Kit Intellectual Property: What is the function of international patent application?

The role and significance of international patent application are mainly reflected in the following aspects:

First, effectively prevent relevant international markets from being occupied by other enterprises. Due to the regional characteristics of patent protection, granting a technology patent in China only means that the patentee has the right to prohibit others from using the technology in China without their permission, but it cannot prevent others from implementing the technology in other countries or submitting corresponding patent applications according to the laws and regulations of these countries. Once the patent right of this technology is granted to other foreign competitors, the products of the enterprise itself will be completely excluded from the market scope of these countries. Even if there is no competitive relationship between the authorized patentee and the enterprise, the enterprise will have to pay the patentee a license fee that may be very expensive in order to enter the international market.

Second, it helps to recover the R&D cost through international technology transfer and fully realize the economic value of technology. Some technologies that enterprises apply for patent protection may have nothing to do with product manufacturing, or enterprises themselves may not consider exploring the international market of related products, but even in this case, international patent application is still of great significance. After the patent applicant country obtains the patent authorization, it will be easier for enterprises to transfer international technology to enterprises in the patent applicant country and collect the license fee.

Third, it is to provide bargaining chips for international technology trade. For a long time, due to the lack of independent innovation technology, China enterprises have been awarded few inventions abroad, so they are often in an extremely passive position when negotiating to introduce foreign advanced technologies. At present, many enterprises have begun to realize the importance of international patent application, and actively apply for patents from abroad. Therefore, when introducing advanced foreign technologies, they can reduce the licensing cost by cross-licensing with each other's patented technologies, turn passivity into initiative, and realize complementary advantages.

Fourth, it is a powerful weapon to defend and counterattack foreign patent infringement lawsuits. Enterprises often encounter patent infringement disputes when exporting products to overseas markets. Enterprises in some developed countries try to block products that China enterprises have market competitiveness on the grounds of patent infringement. In this case, if Chinese enterprises have obtained the patent rights of related products abroad, they can not only mediate with each other on this basis, but also use our patented technology without our permission, so as to coerce or counterattack each other and reduce the losses that enterprises may suffer in foreign patent infringement lawsuits.