Do you know the top ten misunderstandings of patent application?

Do you know the top ten misunderstandings of patent application? Do you know the top ten misunderstandings of patent application? In recent years, the state has paid more and more attention to the protection of intellectual property rights, and everyone has gradually realized that patents are the core competitiveness of enterprises. So, what are the misunderstandings in applying for a patent? Please look down. Do you know the top ten misunderstandings of patent application? Misunderstanding 1. Independent research and development results do not apply for patents and have intellectual property rights. Some technicians believe that as long as it is independent innovation, it has independent intellectual property rights. Patent is actually a monopoly right, and the technological achievements independently developed will not be recognized and protected by law if they do not apply for patents. When others misappropriate their research results, the legal responsibility of the embezzler cannot be investigated, because the developer has no patent right to the results and cannot be protected by law. At the same time, in our country, the patent application takes the principle of prior application, and the patent will be awarded to the first invention with creativity, novelty and practicality. Therefore, if the developer did not apply in time, but someone else applied first and was granted the patent right, the developer could not pursue the legal responsibility of others. There are countless such cases in China. Myth 2: It is too early to apply for a patent after mass production. When communicating with inventors about the technical content of patent application, many people have the idea that this technical scheme has not been put into production and no products have come out. It is more appropriate to apply for a patent after the product is put into mass production. As everyone knows, it is too late. Even if you are fortunate enough to be authorized, the patent is in an unstable state. At this time, if someone is found to file a lawsuit for infringement, the infringer will defend the technology on the grounds that the patent application date has been made public. Not only can't you win the lawsuit, but the energy, time and money you used to spend on applying for a patent are all in vain. The basis of patent application is not the products that already exist in the market, and it is not necessarily the products that have been formed. As long as you have a practical idea, you can start writing application documents. Myth 3. The improvement of patented products does not require patent application. Some inventors think that they can sit back and relax after applying for a patent, thus ignoring the later research and development work. Even if a new product or improvement is developed, it will no longer apply for a patent. The consequences of this misunderstanding are no different from not applying for a patent. Because when others improve the product and apply for a patent, in turn, it restricts the product upgrade of the original patentee, which will lead to the original patentee becoming an infringer unintentionally. At this point, the original patentee lost his intellectual property rights. Myth 4. A technological achievement can only apply for one type of patent. Some inventors believe that a technological achievement can only apply for one type of patent at a time, that is, only an invention patent or a utility model patent or a design patent can be applied. There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent. A product invention can apply for multiple patents at the same time, and a technical scheme can also apply for utility model and invention patents at the same time. For some important product inventions, if the inventor only applies for an invention patent, and at this time, others apply for an invention patent and a utility model patent at the same time, then he will first obtain a utility model patent and own the patent right of the product. If the inventor uses the product, it constitutes infringement.