Patent claim

According to China's patent law, the detailed rules for the implementation of the patent law and the patent examination guide, there are only types of patents, but no grades. In other words, China patents can be divided into three types: invention patents, utility model patents and design patents. However, there is no absolute hierarchical relationship between these three categories. The three categories of patents have different positioning, different uses and different protection efforts.

From the perspective of enterprises, in the practice of patent management within enterprises, patents are indeed graded. For example, enterprises generally implement the patent classification management system. According to the corresponding patent grading evaluation standards, enterprise patent management institutions classify patents into different grades and conduct scientific management. For example, patent classification management can be carried out from one or more of the following dimensions:

Patents are classified from the technical dimension, and according to the technical difficulty and innovation height, they are divided into ordinary patents, basic core patents, peripheral patents, standard patents and international patents.

Classify patents from the application dimension, and manage patents according to their actual application scope (for example, whether they can be applied in the whole industry and on a global scale), the economic benefits obtained by applying for patents for enterprises, and the costs saved by applying for patents for enterprises.

Patents are classified from the perspective of intangible assets, and patents are classified and managed according to the evaluation value of intangible assets, the amount of mortgage or pledge loans that patents can obtain, and the level of patent license fees.

From the legal dimension, patents are classified and managed according to the role of patents in patent infringement litigation, the scope of patent protection in law, the stability of patents, and whether there are defects in patents, such as offensive patents suitable for initiating patent litigation and defensive patents suitable for defense.