First, the role of patent documents
1, patent application patent search
Before applying for a patent, the applicant should search the relevant patent documents to see whether the invention is novel, creative and practical, so as to avoid not getting a patent right after applying; When requesting substantive examination, the applicant for a patent for invention shall submit relevant reference materials including patent documents to the Patent Office in accordance with the provisions of the Patent Law.
2. Inspire the ideas of invention and creation
There is a good saying: "stand on the shoulders of giants." Many inventions are developed on the basis of others' inventions, or inspired by them.
You can know the latest development in this field.
As mentioned above, the report of patent documents is 1-3 years earlier than other documents, and there is a process from the birth to the popularization and application of a new technology, with a "time lag" ranging from several months to decades. Therefore, we can learn about the latest development of science and technology from patent literature.
4, conducive to technology transfer
When enterprises are looking for new technologies, there are only two ways: first, enterprises "take the initiative"; Second, the inventor "recommended himself". For initiative, a better method is to search patent literature, search out many technologies in this technical field, and then choose the best; For "self-recommendation", we should search patent literature to avoid being confused by the inventive features of self-recommendation.
5. It is beneficial to the technological development of enterprises.
From the past lessons, many enterprises blindly develop some new products, which not only wastes manpower, material resources and financial resources, but also is not advanced technology compared with the previous technology, resulting in poor sales of their products in the market. Patent retrieval can avoid waste and duplication of work, and can learn from previous inventions to develop products with advanced technology and market potential; At the same time, we can understand the development trend of competitors in order to take corresponding countermeasures.
6, is conducive to the introduction of foreign advanced technology and equipment.
Judging from the introduction in the past, there are many disadvantages: blind introduction; Not introducing the most advanced technology; Some patents in technology transfer are expired patents, which leads to high technology use fees, and so on. By searching patent literature, we can not only avoid the above disadvantages, but also shop around and find out the advanced technology suitable for the national conditions.
7, as a strong basis for patent litigation.
In patent infringement litigation, when the defendant is accused of infringement, he should search patent literature and consult the plaintiff's patent information and related background technology to avoid losing the case; When the patent applicant refuses to accept the decision made by the Patent Office Reexamination Board (rejection, revocation, invalidation or maintenance, etc.). ) and bring a suit in a people's court, it shall also search patent literature and provide relevant information.
Second, the significance of patent documents
Patent literature is of great significance to scientific research;
1. When starting a research project, you can fully understand the existing technical level of a specific technical field, choose a high starting point and new research fields, avoid duplication of labor and investment, and save time and research funds;
2. In scientific research activities, understanding the development history, achievements and various solutions of scientific research projects is helpful for researchers to explore ideas and stimulate creative thinking;
3. It is helpful to realize the industrialization of science and technology, better combine scientific research with the market, and accelerate the popularization and application of scientific and technological achievements;
4. Novelty retrieval in the project review stage can provide a scientific scale for project declaration and review;
5. It is conducive to understanding the development trends of world science and technology, introducing new foreign technologies in time, and improving the scientific research level and overall strength of China.
With the birth of CD-ROM publication of patent documents in China, it is time-saving and labor-saving to retrieve patent documents from CD-ROM by computer. The CD-ROM of China Patent Database published by Patent Literature Publishing House records all patent documents since the implementation of 1985 Patent Law. Its content is similar to an index. It takes more recording items as the entrance, and then enters the announcement CD and the explanation CD, and you can get all the documents you need.