People who know the patent explain it to me. ?

Literally, "patent" refers to ownership interest. The word "patent" comes from Latin "Litterae patentes", which means open letters or open documents. It is a certificate used by medieval monarchs to issue certain privileges, and later refers to the exclusive right certificate signed by the British king himself. The word "patent" in English contains the meanings of "monopoly" and "publicity", which conforms to the basic characteristics of patents in the modern legal sense. In China, patent has two meanings: 1, and its colloquial use only refers to monopoly. For example, "this is not your patent"; 2. The triple meanings in intellectual property rights are easily confused. First, the abbreviation of patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law. Second, it refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. The "patent" here refers to technical methods-technologies or schemes protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country. Third, it refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document. Here, although the first two meanings of patent are different, they are all intangible, and the third meaning refers to tangible matter. The word "patent" can refer to only one of the meanings, or it can contain more than two meanings, and the specific situation must be viewed in context. Regarding the concept of "patent", people generally think that it is a document issued by a patent institution according to an invention application, which describes the content of the invention and creates a legal state, that is, a patented invention can only be used (including manufacturing, use, sales and import, etc.). ) with the permission of the patentee. Because patents involve naked interests, the knowledge, laws and regulations related to patents around the world are quite numerous, detailed and even different. For details, please refer to the relevant specific laws, regulations or international treaties, and refer to the resources. It is worth noting that the two basic characteristics of patents are "monopoly" and "openness", and the exchange of "openness" for "monopoly" is the most basic core of the patent system, which represents two sides of rights and obligations respectively. "Proprietary" refers to the exclusive right granted by law to a technology inventor for a period of time; "Openness" means that the technical inventor makes his technology public in exchange for the exclusive right granted by law, so that the public can obtain relevant patent information through normal channels. According to the statistics of the World Intellectual Property Organization (WIPO), 90%-95% of the inventions in the world can be found in patent documents every year, and about 70% of them have never been published in other non-patent documents. Frequently consulting patent documents in scientific research can not only improve the research starting point and level of scientific research projects, but also save about 60% of research time and 40% of research funds. The meaning of patent A patent is an invention protected by legal norms. It is an invention-creation that applies to the national examination and approval authority for a patent and is granted the exclusive right to invent within a specified time after passing the examination according to law. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee according to law. The patent right granted by a country according to its patent law is only valid within the jurisdiction of that country and is not binding on other countries. Foreign countries do not undertake the obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China. The legal protection of patent right has timeliness. The term of invention patent right in China is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application. The word "patent" comes from Latin "Litterae patentes", which means open letters or open documents, and is a proof used by medieval monarchs to grant certain privileges. At present, there is no unified definition of the concept of "patent". It is accepted and widely used in patent teaching materials in China that patent is the abbreviation of patent right. It is a document issued by a patent agency according to an invention application. Such documents describe the content of the invention and create a legal state, that is, the patented invention can only be used (including manufacturing, use, sales and import, etc.). ) In general, the protection of patents is limited by time and region. China's patent law divides patents into three categories, namely invention, utility model and design. The patent number must be the two most basic characteristics of ZL patent, namely "exclusiveness" and "openness". The exchange of "openness" for "exclusivity" is the most basic core of the patent system, which represents two sides of rights and obligations respectively. "Proprietary" refers to the exclusive right granted by law to a technology inventor for a period of time; "Openness" means that the technical inventor makes his technology public in exchange for the exclusive right granted by law, so that the public can obtain the relevant information of patented technology through normal channels. According to the statistics of the World Intellectual Property Organization (WIPO), 90%-95% of the inventions in the world can be found in patent documents every year, and about 70% of them have never been published in other non-patent documents. Frequently consulting patent documents in scientific research can not only improve the research starting point and level of scientific research projects, but also save about 60% of research time and 40% of research funds. Patent type 1. Invention patent The first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of China defines invention as: "Invention refers to a new technical scheme proposed for a product, method or its improvement." The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application. 2. Patent for utility model The definition of utility model in the second paragraph of Article 2 of the Implementation Rules of the Patent Law of China is: "Utility model refers to a new and practical technical scheme for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme. However, the scope of patent protection for utility model is relatively limited, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. The utility model patents in most countries protect relatively simple and improved technological inventions, which can be called gizmos. "3. Patent for Design" Article 2, paragraph 3 of the Detailed Rules for the Implementation of the Patent Law of China defines design as: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination, color, shape and pattern of a product. "Design is obviously different from inventions and utility models. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model. Characteristics of a patent A patent is an intangible property with characteristics different from other properties. (1) exclusivity. Exclusivity is also called exclusivity or exclusivity. It means that only the patentee can enjoy the right to manufacture, use and sell the same invention in a certain area within a certain period of time. Without permission, no one else may manufacture, use or sell it, otherwise it is an infringement. (2) regionality. Regionality means that the patent right is a right with geographical restrictions and is only valid within the legal jurisdiction. Except in some cases, according to the international convention for the protection of intellectual property rights, if an individual country recognizes the validity of the patent right approved by another country, the technological invention will be granted the patent right applied for by that country, and it is only valid within the scope of the patent-granting country, but it is not legally binding on other countries, and other countries do not undertake any protection obligations. However, the same invention can be patented in two or more countries at the same time, and its invention can be protected by law in all the applicant countries after it is approved. (3) timeliness. Timeliness means that a patent is only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed. With the end of the protection period, the invention becomes the public wealth of the society, and others can freely use the invention to create products. The term of patent protection prescribed by law shall be stipulated by the patent law of the relevant countries or relevant international conventions. At present, the patent laws of all countries in the world have different provisions on the duration of patent protection. Article 33 (Intellectual Property Agreement) stipulates that "the term of protection shall not be less than the end of the twentieth year from the date of filing the application". (4) implementation. Except for a few countries such as the United States, most countries require patentees to implement their patents within a certain period of time, that is, to use patented technology to manufacture products or transfer their patents. The definition of invention in the first paragraph of Article 2 of the Detailed Rules for the Implementation of China's Patent Law is: "Invention refers to a new technical scheme proposed for a product, method or its improvement. "The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application. 2. Patent for Utility Model Paragraph 2 of Article 2 of the Detailed Rules for the Implementation of China's Patent Law defines utility model as: "Utility model refers to a new and practical technical scheme for the shape, structure or combination of products. "Like the invention, the utility model protects a technical solution. However, the scope of patent protection for utility model is relatively limited, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions". 3. Patent for Design Article 2, paragraph 3 of the Detailed Rules for the Implementation of the Patent Law of China defines design as: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination, color, shape and pattern of a product. "Design is obviously different from inventions and utility models. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model. Edit the characteristics of the patent in this paragraph. Patent is a part of intellectual property and an intangible property with characteristics different from other properties. (1) exclusivity. Refers to the same invention, in a certain area, without permission, no one else can manufacture, use and sell it, otherwise it is infringement. Patents are actually not strictly exclusive. (2) regional. Regionality means that the patent right is a right with geographical restrictions and is only valid within the legal jurisdiction. Except in some cases, according to the international convention for the protection of intellectual property rights, if an individual country recognizes the validity of the patent right approved by another country, the technological invention will be granted the patent right applied for by that country, and it is only valid within the scope of the patent-granting country, but it is not legally binding on other countries, and other countries do not undertake any protection obligations. However, the same invention can be patented in two or more countries at the same time, and its invention can be protected by law in all the applicant countries after it is approved. (3) timeliness. Timeliness means that a patent is only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed. With the end of the protection period, the invention becomes the public wealth of the society, and others can freely use the invention to create products. The term of patent protection prescribed by law shall be stipulated by the patent law of the relevant countries or relevant international conventions. At present, the patent laws of all countries in the world have different provisions on the duration of patent protection. Article 33 (Intellectual Property Agreement) stipulates that "the term of protection shall not be less than the end of the twentieth year from the date of filing the application". (4) implementation. Except for a few countries such as the United States, most countries require patentees to implement their patents within a certain period of time, that is, to use patented technology to manufacture products or transfer their patents. Patent is actually a special contract signed between an individual or an enterprise and the state. The price of individuals and enterprises is open technology, and the price of the state is a monopoly right that allows a certain period of time. What do patent-related knowledge 1 and "priority" mean? The principle of priority originated from the Paris Convention for the Protection of Industrial Property signed by 1883, with the purpose of facilitating nationals of contracting States to apply to other contracting States after filing their own patent or trademark applications. The so-called "priority" means that an applicant can apply to other States parties for protection on the same subject within a certain period of time after filing an application for the first time in one State party, and subsequent applications can be regarded as filed on the filing date of the first application in some aspects. That is to say, within a certain period of time, the late application filed by the applicant enjoys priority over the application filed by others on the same subject after the first application date, which is the origin of the word priority. 2. What is the importance of the application date? According to Article 28 of the Patent Law, the date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date. The date of filing is of great legal significance: it determines the time of filing an application. According to the principle of applying first, when there are multiple applications with the same content, the order of application determines who will be granted the patent right; It determines the retrieval time limit of the existing technology, which is of great significance in determining whether the application can be patented or not during the examination; The application date is the start date of a series of important deadlines in the review process. 3. What are the necessary conditions for granting a patent right? Article 22 of the Patent Law stipulates that inventions and utility models granted patent rights shall be novel, creative and practical. Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date. Creativity means that 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. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. Therefore, novelty, creativity and practicality are the necessary conditions for granting patents for inventions and utility models. At the same time, Article 23 of the Patent Law stipulates that a design granted a patent right shall be different from or similar to a design that has been published in publications at home and abroad or used in China before the date of application, and shall not conflict with the legal rights previously obtained by others. This is a substantial condition for granting a patent right for design. "