The patent system of each country is independent, and the granted patent right is only valid within the territory of each country. Patents granted in the United States are not protected by the laws of China. Therefore, if the company buys products from American companies and carries out production activities, as long as the products obtained are not sold to countries (the United States) that have applied for patent protection, its patent rights will not be infringed. Accordingly, even if an enterprise purchases the patented technology, other enterprises can use the patented technology. In this way, the enterprise only bought the technology in the patented technology, but did not get the corresponding protection, and the patented technology has been made public.
Step 2 be timely
Patents have a protection period, and the protection period of American patents is 14 to 20 years (different types of patents are different, and the provisions of the protection period of American patents are different from those of China). Therefore, when American companies apply for patents, how long the protection period is, there are great differences.
For example, if the patent application time is not long and the PCT international application has been made, then after China joined the WTO in 2003, according to the TRIPS agreement, the patent may also be authorized in China.
On the other hand, if it takes a long time, the patent will be protected or even terminated soon, so the value of the patent is very low.
3. Exclusivity
The exclusiveness of patent right has two meanings:
(1). Only one patent right is granted for inventions with the same content. Therefore, it is inaccurate for American companies to claim that "the patented technology of this product includes five patents that have been obtained in the United States". Need to determine the relationship between these five patents and this patent, whether it is a prior application or a joint application, or something else. In addition, it is also determined whether the technology transfer fee of 6.5438+0 million includes these five patents. If it is only this patent, even if it is authorized, it may still infringe the previous five patents.
(2) The patentee enjoys the exclusive right to exploit his patented invention-creation. Patent licensing includes three basic forms: general licensing, exclusive licensing and exclusive licensing. In this case, it is necessary to determine what kind of technology transfer. This is very important.
4. Others
Whether the quality of the patent involved contains high technical content and whether it can bear invalid patents. A few years ago, many foreign companies took some junk patents to China to cheat money, which needs our constant vigilance. In addition, the purpose, application scope and production capacity of the company to purchase patented technology are all issues that need to be considered.
summary
To examine the value of a patent, we need to consider many factors, including legal differences between countries, market differences and our own capabilities. All the above factors need to be considered comprehensively and cannot be analyzed separately.