Function of patent

Patent right is the most important intellectual property right, which can protect one's own invention achievements, prevent the loss of scientific research achievements, obtain monopoly profits, obtain financial support from government scientific research projects, identify high-tech enterprises, evaluate professional titles, and add points to national awards. At the same time, as a kind of property, patent right can be traded in the market. In recent years, the news that a teacher of Zhengzhou University got 45 million yuan for a patent transfer, a college student got 1.2 million yuan for a patent investment, and a migrant worker sold a patent invention for 800,000 yuan is endless. The following small series will talk about the use and importance of patents from enterprises, schools, teachers, students, entrepreneurs and other directions. Please contact us if you need a patent. You can get a patent certificate of a ready-made patent, or you can do it according to your own industry and direction.

1. monopolize the market

As long as a product is granted a patent right, it means that it has an exclusive right in the market. Without the permission of the patentee, no one may produce, sell, promise to sell, use or import the patented product. Therefore, patents play a very important role in occupying and protecting the market. This role became more prominent after GATT formulated the Agreement on the Protection of Trade-related Intellectual Property Rights. It links patent protection with international trade and strengthens patent protection.

2. Prevent others from impersonating or imitating.

Once a technology is patented, whether it is made public by publishing papers, attending academic conferences or exhibitions, or by other means, it is made public under the protection of law. Even if anyone has learned or mastered this technology through the above channels, he can't use it casually after the technology is granted a patent. High-tech products need patent protection, and low-tech products need patent protection even more, because low-tech products are easier to be imitated, so enterprises should pay attention to them.

3. Identification of enterprises with intellectual property advantages and high-tech enterprises

Patents can make enterprises become enterprises with intellectual property advantages, and governments all over the country have formulated incentive policies for enterprises with intellectual property advantages. Enterprises that meet certain conditions are rated as pilot, demonstration or advantageous enterprises with intellectual property rights, and enjoy special policies or care in terms of funds, taxes, loans, scientific research project funding, land use, etc.

At the same time, high-tech enterprises with patents can be selected and identified, and only enterprises with patents can be selected. High-tech enterprises can enjoy the preferential tax rate of 15%, with a maximum of 5 million yuan.

Patented technology can be sold (transferred) as a commodity.

Once a pure technology is granted a patent right, it becomes an industrial property right and forms a valuable intangible asset. A pure technology cannot become an industrial property right (except technical secrets). Therefore, a technological invention can only become an internationally recognized intangible asset if it is granted a patent right after applying for a patent and being examined by the Patent Office.

5. Avoid being preempted by others.

Although the Patent Law stipulates that it is not allowed to be publicly manufactured, sold or used in China before the patent application date, it is quite difficult to obtain the corresponding valid evidence afterwards, so there is the possibility that someone else applies for your disclosed product (or technology) and obtains a valid patent, or even holds you responsible for infringement in reverse.

6. The patent publicity effect is good

When an advertisement or product is marked with a patent mark, consumers think that the product is more reliable and credible, which improves the visibility of the enterprise.

7. Avoid the embarrassment of withdrawing from the exhibition.

At the exhibition, the patent right is like a "birth certificate" of a new product. Whoever has a "birth certificate" has the right to display the product as a patented product. Otherwise, there will be a crisis of being ordered to take off the shelves to display the goods at any time, or even being disqualified from participating in the exhibition (large-scale exhibitions generally have relevant provisions on intellectual property protection, such as the Canton Fair will implement the Measures for Complaints and Handling of Suspected Infringement of Intellectual Property Rights). Therefore, exhibitors should respond to their new products in time.

Of course, in addition to the benefits mentioned above, patents are generally used as an important indicator for evaluation of enterprises' listing and as a bridge for the marketization of scientific research results. In short, patents can be used as a shield to protect their own technology and products; It can also be used as a spear to combat the infringement of opponents. If the patent is used well, it will have unlimited effect on the enterprise.