Why is it so difficult to successfully apply for a patent?

Myth 1: the results of independent research and development do not need to apply for a patent. Some people think that what I invented belongs to myself and others can't use it, but is this really the case? Patent is a kind of monopoly right, and the technological achievements independently researched and developed cannot be protected by law if they do not apply for a patent. At the same time, the patent application in China adopts the principle of first application. In principle, whoever applies first will be granted a patent. Therefore, if the developer fails to apply in time, if someone else applies first and is granted the patent right, the developer will not be able to pursue the legal responsibility of others. Myth 2: The product is put into production before applying for a patent. Many enterprises put their products into the market without applying for patents. If the patent right is granted later, the patent will also be in an unstable state. At the same time, if a lawsuit is filed against the infringer, the infringer will defend on the grounds that the technology has been made public on the date of patent application. In the end, the enterprise not only lost the lawsuit, but also spent a lot of manpower, material resources and financial resources. To sum up, the basis of patent application is not the products existing in the market, nor the molded products. As long as you have a practical idea, you can start writing application documents. Myth 3: New improvements in patented technology no longer apply for patents. When applying for a patent, inventors tend to be complacent and ignore the later research and development work. Secondly, some inventors developed new products or improvements, but did not choose to apply for patents. Why do you need to apply for a patent after technical improvement? Because if someone else improves the product and applies for a patent, it will in turn restrict the product upgrade of the original patentee, resulting in the original patentee becoming an "infringer". Myth 4: An achievement can only apply for one kind of patent, which is divided into invention patent, utility model patent and design patent. 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. In fact, a product invention can apply for multiple patents at the same time, and a technical solution can also apply for utility model and invention patents at the same time. The utility model patent is granted quickly and can be protected as soon as possible. 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. Myth 5: Holding a patent certificate is actually a cognitive misunderstanding of most patentees. Take the invention patent as an example, China National Intellectual Property Administration conducts substantive examination, but it can't guarantee to search all relevant documents and materials in the world. Obtaining a patent certificate does not mean that you have a valid patent right, but only represents China National Intellectual Property Administration's approval of the patent application. It's just that during the validity period of your patent, no one declared your patent invalid or someone declared it invalid, but the reexamination Committee upheld your patent right after reexamination. At this time, your patent is really effective. Myth 6: Strictly observe "technical confidentiality" and the technical scheme is unknown. Many inventors submit only a few technical solutions, which makes it difficult for patent agents to make formal patent application documents. At the same time, when the author asked the inventor to provide more technical solutions, they all refused on the grounds of confidentiality. Facts show that the inventor is not sure about the degree of confidentiality and publicity. Self-righteous protection behavior will only lead to the inefficiency of patent application. The data shows that if a patent application is notified by the examiner on the grounds that the technical scheme is not fully disclosed, 98% of the patent applications will be rejected, which should be noted. Myth 7: Do not do any search before applying for a patent. Some inventors did not search the patent application documents submitted by them for novelty, so they were uncertain about the novelty of the technical scheme, and wondered whether the technical scheme had been made public or used publicly. This is also a common problem of technicians in China-the ability of information retrieval and information collection is extremely low. Search is a very important part of patent application. If someone else has applied for a patent for a technical scheme or published it in relevant literature, you can only apply for a patent for this technical scheme without searching, which can only be a waste of time, money and energy. Myth # 8: When communicating with inventors about the technical content of patent application, 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. However, the basis of patent application is not the products that already exist in the market, and it is not necessarily the products that have been formed. As long as you have a practical idea, you can start writing application documents.