Huawei is sanctioned by the United States: How big is the impact of patents on an enterprise?

Huawei, a name that has set off a domestic trademark brand, has really been in a stormy season recently because of Trump's various behaviors.

In the eyes of some foreigners, how did Huawei, as a private enterprise in China, go from a small company with hundreds of thousands to the industry leader today?

In terms of patents, Huawei has been the leading hegemon in the international market in the past two years, once surpassing Samsung. A few years ago, its 5g level was one year ahead in the world, and it was among the top manufacturers of communication equipment in China.

What are the requirements of a patent application?

1. Although patent laws vary from country to country, China and many other countries strictly require that inventions used for patent applications should meet three conditions: practicality, novelty and creativity.

1. Novelty: It means that the invention or utility model does not belong to the prior art, and before the filing date, no unit or individual has filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it is recorded in the patent application documents published or announced after the filing date.

2. Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Creative judgment pays more attention to the invisibility of technology. Although an invention is novel, it is not necessarily creative.

3. Practicality means that the invention or utility model can be manufactured or used, and can produce positive effects. Practical inventions should be able to be manufactured or used, that is, they should be implementable.

2. Legal basis: Inventions and utility models granted patent rights in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical.

1. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.

2. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

3. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.

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