Why do you say that the earlier you apply for a patent, the better? What are the risks of applying late or not?

Time of patent application

1. Before the product goes on the market.

Now some industries can obtain technical or commercial secrets through reverse engineering products, so they should apply for patents before the products go on the market. Moreover, patents are regional. If the product has export demand, it needs to apply for a patent in a country to enter.

2. Before the identification of high-tech enterprises.

According to the requirements of the high-tech enterprise identification policy, to declare a high-tech enterprise, it is necessary to meet the intellectual property indicators within the business scope of the enterprise, and 1 invention patents or more than 6 utility model patents per year, and the intellectual property score is relatively high. Therefore, as long as enterprises declare high-tech enterprises, as long as they meet the core independent intellectual property indicators and the ability to transform scientific and technological achievements, they will not be far from becoming high-tech enterprises. It can be said that it is much easier for high-tech enterprises to apply for related patents.

3. Before the paper is published or the results are published.

Patent infringement is usually committed by peers or competitors. If you don't use patents to protect your technological achievements before publication, it is likely to be borrowed or copied by peers. Isn't this your own hard work, but you made a wedding dress for others?

4. Before the project is completed

Each project has some scientific research achievements that can be converted into patents. Core participants can have exclusive rights to certain results. For researchers, these achievements are a reward for them and a reward for their wisdom. If the patent results can be applied to the market, it will produce huge economic benefits. Now the market competition is extremely fierce. Before the end of the project, the research results must be protected by patents.

5. Before evaluating professional titles

When you need to evaluate a professional title, you have one or several patents in your hand, so you have the "hardware" conditions for evaluating a professional title. Moreover, patent is also a proof of personal scientific research ability to some extent, and it is also conducive to job promotion. It takes about 1 year to apply for a patent, so we should grasp the time.

Principle of patent application

1. Principles of first application

Usually only one patent right can be granted for the same invention. Where two or more applicants apply for a patent for an invention-creation with the same content, the patent right shall be granted to the first applicant. If the application is made on the same day, it can be settled through consultation or transferred to one of them. If negotiation fails, it will not be approved, and it can only be protected as a technical secret or made into free public technology.

2. Priority principle

According to China's patent law, if an applicant files a patent application for an invention or utility model in China for the first time within two months, he can enjoy the priority, that is, the "domestic priority".

An applicant shall file an application for a patent for invention or utility model in China within two months from the date when an application for a patent for invention or utility model is first filed in a foreign country, or within six months from the date when an application for a patent for design is first filed in a foreign country. According to the principle of mutual recognition of priority in agreements signed between foreign countries and China or international treaties to which they are both parties, foreign countries can enjoy priority, that is, "foreign priority".

3. Single theme principle

China's patent law stipulates that the application for a patent for invention or utility model should be limited to the invention or utility model patent. Two or more invention patents or utility model patents belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application.