Wuhan Xianglaier Food Machinery Co., Ltd. introduced Japanese technology and was the first to produce and develop the large air flow extruder in China. It has been continuously improving its research and development. It is currently at the leading level in the country and is also the largest in the country. The largest manufacturer of air flow extruders. Considering that the machine was only an improvement of Japanese technology and had not yet reached the creativity, novelty, and practicality (referred to as the three properties) required by Chinese patent law, no patent was applied for. At present, there is no domestic factory whose air flow extruder’s creativity meets the three requirements of the patent law.
However, some companies apply for a patent for air flow extruders that has no practical significance to create publicity. They generally apply for appearance or utility model patents. Appearance patents are only the state’s recognition of exclusive protection rights for the appearance, and others are not allowed to imitate it. There are no requirements on the practicality, creativity, or novelty of the machine.
For utility model patents, the China Patent Office only examines whether the articles of the patent application are written in accordance with the requirements of the patent law. The Patent Office does not care whether the content of the application contains creativity, novelty, or practicality, that is, The patent office will not review whether the product is advanced, truly useful or not. After the patent certificate is granted, if the patent really meets the requirements stipulated in the patent law, the patentee will sue the infringer, and others will not dare to produce and sell the product in a big way.
Precisely because some manufacturers apply for patents just to attract attention, their products do not have the three properties stipulated in the patent law. They spend thousands of dollars to apply for a patent and publicize everywhere to deceive people who are not familiar with patent law. Such a patent does not have the right to sue others except for advertising and attracting attention.