Patent operation skill

With the state's attention to intellectual property rights in recent years, domestic enterprises have a further understanding of the role of patents in enhancing core competitiveness, and have strengthened patent work one after another, and the number of patent applications has increased substantially. However, there are still misunderstandings in the process of patent agency, which need to be improved as soon as possible. Then it is very important to master some patent application skills. Patent is a kind of monopoly right, and the technological achievements independently developed will not be confirmed and protected by law without applying for a patent. Patent application skills Many people have the idea that this technical scheme has not been put into production and no products have come out. It is too early to apply for a patent at this time, and it is more appropriate to apply for a patent after the product is put into production on a large scale. At this point, it is too late. Even if you are lucky enough to be authorized, the patent is still in an unstable state. At this time, if someone is found to file a lawsuit for infringement, the infringer will defend the technology on the grounds that the patent application date has been made public. Some inventors think that after applying for a patent, they can sit back and relax, thus ignoring the later research and development work, and even if new products or improvements are developed, they will no longer apply for a patent. The consequences of this misunderstanding are no different from not applying for a patent. Because when others improve the product and apply for a patent, in turn, it restricts the product upgrade of the original patentee, which will lead to the original patentee becoming an infringer unintentionally. Some inventors believe that a technological achievement can only apply for one patent at a time, that is, only an invention patent or a utility model patent or a design patent can be applied. There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent. A product invention can apply for multiple patents at the same time, and a technical scheme can also apply for utility model and invention patents at the same time. Judging from the review in the past two years, utility model patents can usually be authorized in about 4-7 months; The invention patent needs more than 1 year. Therefore, for some important product inventions, if the inventor only applies for one invention patent, while others apply for invention patents and utility model patents at the same time, then he first obtains the utility model patent and owns the product patent right. If the inventor uses the product, it constitutes infringement.