Patent is the abbreviation of patent right, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time. Patent is a legal system that enables applicants to make profits through their inventions.
Within the time and geographical scope of patent protection, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.
In order to obtain a patent, the applicant must disclose the contents of his invention to the public, and once the patent right expires, the invention becomes a well-known technology and can be used by others for free.
During the term of patent protection, the patentee monopolizes all the rights of the invention, and can make profits by exploiting, transferring or licensing it himself.
Patent type
An invention patent is a new technical scheme for a product, method or its improvement, with a protection period of 20 years; Utility model refers to a new practical technical scheme for the shape, structure or combination of products, and the protection period is 10 year; Appearance design refers to a new design with aesthetic feeling and suitable for industrial application, and the protection period is 10 year. The above period shall be counted from the date of application and may not be extended after expiration.
What inventions can be patented?
The invention and utility model applying for patent must be novel, creative and practical at the same time, and the appearance of applying for patent must be novel and beautiful. In addition, the scope of patent protection needs to be defined in clear and concise legal language.
An invention-creation for which a patent is applied is not necessarily a brand-new groundbreaking invention, and an improvement of an existing product or method can also be patented. Patents cover all fields, including machinery, electronics, communication, medicine, chemistry, biology, agriculture and forestry, from household appliances to spacecraft, from Chinese herbal medicine formula to gene therapy, from light-emitting diodes to supercomputers ... It can be said that any invention that does not belong to the following contents may become a patent.
Which inventions can't be patented
Inventions and creations that violate national laws, social morality or hinder public interests will not be protected by patents in any country.
Scientific discoveries, methods and laws of intellectual activities, methods of diagnosis and treatment of diseases, species of animals and plants, substances obtained by nuclear transformation, etc. All belong to the category explicitly prohibited by China's patent law.
In addition, inventions that cannot be implemented, such as perpetual motion machines, cannot be licensed. Literature, artistic works, musical works and film and television works are not protected by patents, but they can be protected by copyright. Trademark, logo, slogan and other characteristic signs that distinguish the source, place of origin and manufacturer of goods can be protected by trademark law and generally do not need to apply for a patent.
Who can apply for and own a patent?
Inventors or designers of non-service inventions and creations, and entities of service inventions and creations have the right to apply for patents and obtain patent rights.
The invention-creation by taking advantage of one's position refers to the invention-creation accomplished by completing the task of one's own unit or mainly using the material and technical conditions of one's own unit.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.
An inventor or designer refers to a person who has made creative contributions to the substantive features of invention and creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work does not belong to the inventor or designer.
Patent retrieval
Searching for the invented content can help the applicant to determine whether the content already belongs to the prior art or common sense. Retrieval can usually be carried out in patent offices, agencies or the Internet.
Although computer retrieval can help applicants filter out a lot of valuable information, it is not safe to rely solely on this method because of the large amount of documents and the language restrictions of applicants. Patent search results can only provide a reference, but they are also valuable.
Patent examination
Every patent application must be examined by Patent examiners before it is approved or rejected. Usually, the procedure of preliminary examination and substantive examination takes 1-3 years, which depends on the type of patent application, the content of invention and the time to reply to the examination opinions. The substantive examination, patent authorization, publishing and printing of invention patents all require extra expenses, and not all patents can be authorized.
The use of patents
Patents are the only guarantee that applicants can use to prevent others from stealing their inventions. Only after the patent is authorized can the applicant exercise his rights. Without the consent of the patentee, it is not allowed to legally manufacture, use, promise to sell, sell or import patented inventions and creations.
Patent right is a kind of property right, which can be sold, transferred, licensed and inherited, and can also be used as intangible assets for investment and financing.
Enjoyment of rights
After the patent is authorized, the applicant can exercise his rights, and then the applicant becomes the patentee. The temporary protection of the invention patent starts from the publication date of the patent application (usually 18 months from the application date). If the authorization claim is consistent with the public claim, then the patentee has the right to file a lawsuit against the infringement of others in the temporary protection stage. This also explains why many applicants are willing to disclose their inventions in advance in order to obtain temporary protection in advance.
Once a patent is authorized, it is an infringement for others to use, manufacture, promise to sell, sell or import the patented product without the permission of the patentee, and will be punished by law.