Patent documents of a design patent include pictures or photographs.
I. Claims
On the one hand, the patent system should protect the patent right of invention and creation, encourage invention and creation, on the other hand, it should promote the development of science and technology, enable the public to legally use the existing technological achievements and protect the public's interests. In the process of realizing these two functions of the patent system, the claim plays an extremely crucial role.
Patent claim is an important legal document used to limit the scope of patent protection required by the patentee. At the same time, it is also based on the patent claims to judge whether the patent has novelty, creativity and practicality as stipulated in the patent law. Patent claims are also used to inform the public of the scope of patent protection, measure whether an act constitutes patent infringement, and determine the contents of patent transfer and patent implementation license. In addition, the examination of patent application and the determination of patent validity are mainly aimed at claims.
Second, the instructions and drawings
The patentee has the right to use the patent granted by the state to protect his invention, and its corresponding obligation is to fully disclose his invention, so as to facilitate the popularization and application of the invention and promote the development of science and technology. The description and drawings play the role of fully disclosing inventions and creations.
The specification and drawings are used to give a clear and complete description of the invention or utility model, so that technicians in the technical field can realize the technical scheme that the patentee requests patent protection in the claims. The claim is a summary of the technical scheme, while the specification and drawings are a detailed description of the technical scheme. The description describes the invention or utility model in words, and the attached drawings illustrate the invention or utility model in diagrams. The combination of the two makes it easier for ordinary technicians in the technical field to understand the content of the invention or utility model, makes the realization of the invention or utility model possible, and thus meets the requirements of the patent law for the full disclosure of the invention or utility model.
The description generally includes the following parts: the name of the invention or utility model, the technical field to which the invention or utility model belongs, the description of the existing technology related to the invention or utility model, the specific content of the invention or utility model, the detailed description of the best way to realize the invention or utility model and the industrial application of the invention or utility model.
Three. Description summary
The abstract of instruction plays the role of providing technical information, facilitating the public to search patent documents and obtain patent contents. The contents recorded in the abstract of the instruction mainly include the technical field to which the invention or utility model belongs, the technical problems to be solved, the main contents of the technical scheme, the use of the invention or utility model, etc.
Four. Scope of protection of design patent right
The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs.
Five, about the patent certificate
A patent certificate is used to prove that someone owns a patent, which contains information such as the patent number, the name of the patentee, the name of the invention and the date of issuance. The patent certificate does not record the specific content of the claimed invention-creation, so it cannot be used as the basis for determining the scope of patent protection, nor can it be used to judge whether others infringe the patent.
legal ground
patent law of the people's republic of china
Article 50 Where the patentee voluntarily declares in writing to the patent administration department of the State Council that he is willing to license any unit or individual to exploit his patent, and specifies the payment method and standard of the license fee, the patent administration department of the State Council shall make an announcement and implement the public license. Where a patent for utility model or design applies for a public license statement, a patent evaluation report shall be provided.
Where the patentee withdraws the declaration of opening license, it shall make a written statement and make an announcement by the patent administration department of the State Council. The withdrawal of the statement of open license through public announcement shall not affect the effectiveness of the previously granted open license.