How to learn from others' patented technology legally

Patent application: An invention-creation must be submitted by the applicant to the competent government departments (in China, it refers to People's Republic of China (PRC) and China National Intellectual Property Administration), and the patent right can only be obtained after being approved by People's Republic of China (PRC) and China National Intellectual Property Administration according to legal procedures. In China, inventions include three types, namely inventions, utility models and designs. In the application stage, they are called application for invention patent, application for utility model patent and application for design patent respectively. After being authorized, they are called invention patent, utility model patent and design patent respectively. At this point, the applicant is the patentee of the corresponding patent. Classification 1. Invention patent: you can apply for an invention patent for a product, a method or a new technical scheme proposed for the improvement of a product or method; 2. Patent for utility model: you can apply for a patent for utility model for a new technical scheme suitable for practical use according to the shape, structure or combination of products; 3. Design patent: You can apply for a design patent for a new design with aesthetic feeling and suitable for industrial application according to the shape, pattern or their combination and the combination of color, shape and pattern of the product. Reason 1. Determine the ownership of the right of invention and creation through legal procedures, so as to effectively protect the achievements of invention and creation and monopolize the market in exchange for the greatest benefits; 2. In order to take the initiative in the market competition, ensure the safety of our production and sales, and prevent our opponents from suing us for infringement (suffering high economic compensation, forcing us to stop production and sales); 3. The state has certain support policies for patent applications (such as patent incentive policies promulgated by the government, high-tech enterprise policies, etc.). ), and will give some policy and economic help. The patent right is protected by the national patent law, and no unit or individual may use it (sue others for patent infringement and claim compensation) without the consent of the patentee. 5. Apply for a patent for one's invention and creation in time, so that one's invention and creation can be protected by national laws and prevent others from imitating new technologies and new products developed by enterprises (it constitutes a technical barrier, and others must obtain the consent of the patentee if they want to develop similar technologies or products). 6. If you don't apply for a patent for your invention and creation in time, others will file a patent application for your labor, which in turn will sue you for patent infringement to the court or patent management authority. 7. It can promote the upgrading of products, improve the technical content of products, improve product quality, reduce costs, and make the products of enterprises invincible in the market competition. 8. If an enterprise owns many patents, it is the embodiment of its powerful strength, and it is an intangible asset and intangible publicity (enterprises with independent intellectual property rights are not only powerful enterprises that consumers are eager for, but also the main target groups supported by various government policies). 2 1 century is the era of knowledge economy, and the competition in the future world is the competition of intellectual property rights. 9. Patented technology can be sold (transferred) as a commodity, which has more legal and economic benefits than simple technology transfer, thus realizing its economic value. 10. The patent publicity effect is good. 1 1. Avoid the embarrassment of removing the exhibits at the exhibition. 12. In addition to the above functions, having a certain number of patents is also an important indicator in the listing and other evaluation of enterprises, such as the qualification evaluation of high-tech enterprises, the acceptance and evaluation of scientific and technological projects, etc. Patents are also a bridge for the marketization of scientific research achievements. 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 attack opponents' aggression. Making full use of the function of patent will greatly promote the production and operation of enterprises. Welfare 1. As an intangible asset, patent has great commercial value and is an important means to enhance the competitiveness of enterprises. 2. Enterprises will apply for patents for scientific research achievements, which is the basis for enterprises to implement patent strategy. 3. The quality and quantity of patents are the embodiment of enterprise's innovation ability and core competitiveness, and the symbol of enterprise's identity and position in this industry. 4. Enterprises can gain long-term benefits by applying the patent system. 5, enterprises have a patent is a necessary prerequisite to declare high-tech enterprises, innovation funds and other scientific and technological plans and projects.