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Entering the annual shopping carnival season, major businesses rack their brains to find selling points for their products. S
double；twofold
ten
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Entering the annual shopping carnival season, major businesses rack their brains to find selling points for their products. Science and technology content is undoubtedly a unique label, and patent blessing is equivalent to a golden signboard.
When more and more products claim to obtain national patents, how can consumers distinguish between "real pits" and "real gold"? Today, I will give you a "golden key" to master patent information.
0 1
Past lives with patent number.
The "past life" of the patent number is called the patent application number, which refers to a series of identification codes given to a patent application by China National Intellectual Property Administration when accepting it. A patent application number * * * contains five parts, namely, country number, year of acceptance, category number, serial number and parity bit.
10, the application number before 2003 is 9 digits:
The application number after June 65438+1October 65438+1October 2003 is 13 digits:
The country code is two letters, representing the abbreviation of the country or region where the patent is accepted, and China is CN.
The year of patent acceptance is 65438+2003 10/month, with two places after the previous year and four places after.
The serial number is the serial number of the current application.
The check bit consists of punctuation mark "."and a number or letter, which is mainly used to check the correctness of the whole application number and has no special significance.
China's patent application number begins with CN. Once the patent application is authorized after examination, the CN in front of the number will be replaced by ZL (acronym for patent) and become the patent number.
Therefore, the country codes such as "CN" and "US" start with the patent application number, and the related patent applications are still under review and have not been authorized. In China, the patent number begins with "ZL", which is an invention and creation that has been officially granted a patent right.
02
The patent you saw.
Not necessarily.
You think patents?
Even if the merchant marks the patent number at the beginning of ZL, it is not all right. We should distinguish whether the patent number marked by the merchant corresponds to the patent advertised by the merchant. The number indicating the model in the patent number provides us with a quick identification method.
The numbers indicating the category numbers in the application number and patent number are 1, 2, 3, 8 and 9, where 1 and 8 generations refer to invention patents, 2 and 9 generations refer to utility model patents, and 3 generations refer to design patents.
Category number
Corresponding patent types
1
patent of invention
2
Utility model patent
three
design patent
eight
PCT invention patent entered the national stage in China.
nine
PCT utility model patent entered the national stage in China.
Current Patent Law in People's Republic of China (PRC)
Article 2 provides that:
An invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.
For example, it is also a patent called "health pillow". The appearance design protects the visual effect brought by the shape, pattern and color of the health pillow in the photo, so don't ask what effect the health pillow has.
The design is named "Healthy Pillow"
As for utility models and invention patents, although they are both technical solutions with practical and creative requirements, the objects of protection are different from designs. Moreover, compared with the utility model that only protects the shape and structure of the product, the scope of invention patent protection is much wider, such as:
The claim of the utility model named "health pillow" is as follows:
A health pillow comprises a pillow core, and is characterized in that a rectangular groove is arranged in the middle of the upper surface of the pillow core, and a neck rest structure protruding upwards is arranged on the first side and/or the second side of the pillow core connected with the rectangular groove in the longitudinal direction, and the neck rest structure is an arc surface extending transversely along the pillow core.
The claim of the invention patent "health pillow" is as follows:
A health pillow is characterized by comprising a pillow core, a first airbag and a second airbag, a ventilation component and a control module; The pillow also comprises a sound sensor arranged on the pillow core and connected with the control module, and the control module can identify the snoring of the sleeper through the sound sensor and control the ventilation assembly when the snoring occurs.
Therefore, if a health pillow claims to have the function of stopping snoring, but the category number in the patent number is 3, then the patent is a design, which has nothing to do with the functional effect of the health pillow.
In addition to protecting the object, the examination process of invention patent is different from that of design and utility model. Designs and utility models can only be authorized through preliminary examination, while invention patents must undergo substantive examination of practicality and creativity. It can be said that the invention patent is the one with the highest gold content among the three patent types.
It is worth mentioning that "disclosure for protection" is the basic principle of the patent system, and all information of authorized patents is open to the public free of charge. You can visit China National Intellectual Property Administration's "Patent Examination Information Inquiry System for China and Multinational Corporations" to check the patent application documents, examination documents, patent status and other specific information after registration.
03
Patent propaganda needs to be cautious
Illegal accountability costs are higher.
Although consumers can identify the authenticity of patent publicity to a certain extent through the patent number and patent examination information inquiry system, businesses need to actively create a healthy and honest business environment. Of course, the law also stipulates the corresponding legal responsibility for the act of falsely marking patent information.
People's Republic of China (PRC) advertising law
Article 12 stipulates:
Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated. Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right. It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.
In violation of these regulations, the market supervision and management department shall order it to stop publishing advertisements and impose a fine of100000 yuan on advertisers.
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
Article 84 provides that:
The following acts belong to the act of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Marking a patent mark on a product or its packaging that has not been granted a patent right, and continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission;
(2) selling the products mentioned in item (1);
(3) calling a technology or design that has not been granted a patent right a patented technology or design, calling a patent application a patent, or using another person's patent number without permission, so that the public will mistake the technology or design involved for a patented technology or design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
(five) other acts of confusing people and mistaking a technology or design that has not been granted a patent right for a patented technology or design.
patent law of the people's republic of china
Article 63 provides that:
Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make an announcement, confiscate his illegal income and may impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Dear consumers:
Take these patented tips quickly.
Check your shopping cart!
Source: Jingfa. com