The definition of patent has the following points:
First, patents protect inventions. Patents exist to define the ownership of inventions.
Invention and creation are the fruits of intellectual activities, which are invisible and intangible. For things that can be seen and touched, the attribution is still relatively easy to define. But if it is my invention, it is not so easy to define clearly.
For example, before the establishment of the patent system, if I invented a device and found that passers-by were selling my device, I could not prove that I invented it at all. The emergence of patent system has solved this problem, and patents have solidified the achievements of intellectual activities through legal documents, thus clarifying their ownership.
Therefore, patent is a kind of right, which can clarify the ownership of invention and creation.
Second, no right is unlimited, and patent right is no exception. Limited by region and time, it corresponds to the region and timeliness of patent.
Regionality means that if you apply in country A, you are authorized and protected in country A. ..
If I apply for a patent in China and find that there are foreign companies manufacturing and selling my patented products abroad, I can't sue. Because applying for a patent in China is only protected in China and not in the United States, if you want to be protected in the United States, you have to apply for a patent in the United States.
Timeliness means that there is a time limit for patent protection. After the time limit expires, it will become the wealth of society and everyone can use it for free.
Bottom line: The essence of patent is "disclosure for protection". The price of applying for a patent is to make your scheme public in exchange for the monopoly right for a certain period of time.
Let me introduce you to the kinds of inventions. We have a plan at hand, and we want to apply for a patent, so I need to know what kinds of patents are available so that I can sit in the right position and know what kind of patent I want to apply for.
Technical scheme for the protection of inventions and utility models. Design protection design is the beauty of appearance protection rather than technology.
To determine the type of application, just ask two questions:
The first question is: Is it design or technology?
If it is a design, you can only apply for a design; If it is technology, you can only apply for invention or new type.
If it's technology, continue to ask the second question: is it the shape structure? If not, you can only apply for invention; If so, you can apply for invention or new type.
For example:
Sludge dehydrator is a kind of mechanical equipment. What kind of patent can I apply for?
First of all, if I want to protect its appearance, I can apply for a design patent; If I want to protect its structure, I can apply for new models and inventions.
Another example is:
A method for preparing a denitration catalyst. What kind of patent can I apply for?
Because this is technology, not shape and structure, we can only apply for invention.
Let's look at the differences between the three types of patents through this picture:
From the content point of view, inventions and new protection technologies, appearance protection design; Invention protection can be products and methods; The new model only protects the shape and structure.
In terms of review time, the invention review time is the longest, about 2 years, 6-8 months for new models and 4-6 months for appearance. Therefore, if a teacher wants to apply for a patent evaluation title next year, it is basically too late to invent it, and it is best to apply for a new model.
Judging from the review procedure, whether it is a new design or a design, it has to go through three stages: acceptance, preliminary review and authorization or rejection. On this basis, the invention has a more practical test stage.
In terms of protection time, novelty and appearance, it can be protected for 10 years and the invention can be protected for 20 years. After the expiration of the protection period, it will become social wealth, and theoretically everyone can use it for free.
After I submit a patent application, how do I know where my application has progressed? Need to know what documents will be issued by the National Intelligence Agency at different stages.
There are three main stages in the new style and appearance: acceptance stage, preliminary examination stage, authorization or rejection.
Within two days after we submit the application to the State Information Administration, we will receive the acceptance notice from the State Information Administration, indicating that we have received the application.
Next, it will enter the preliminary examination stage, mainly examining the form, whether the documents are complete and whether the format is correct. If there is no problem in the preliminary examination, a notice of registration will be issued, and a patent certificate will be issued after payment.
If problems are found in the preliminary examination stage, a "Notice of Correction" or a "Notice of Review Opinions" will be issued, and a reply will be required within a certain period of time. If the reply is accepted, it will be authorized, if it is not accepted, a refusal decision will be issued.
After the preliminary examination of the invention patent, the real trial stage is added, which is very strict and takes a long time. The review time of inventions is about 2 years, that of new types is about half a year, and that of inventions is about one and a half years, mainly in the real experimental stage.
What is the main trial of the actual trial?
The main review is the three characteristics of the patent, practicality, novelty and creativity.
Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects.
For example, I want to apply for a desulfurization catalyst for natural gas desulfurization. This application is not practical, because natural gas itself does not contain sulfur, so it has not brought positive effects for natural gas desulfurization.
Novelty means that the invention or utility model does not belong to the prior art; Do not violate the application. Simply put, this application is different from any single document.
Creativity: Compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Simply put, unless the technical effect is unexpected, this application can not be obtained by simply piecing together several documents. (e.g. fluorescent nano probe)
It is important to note that the documents retrieved by the examiner in the review stage are not limited to regions or categories.
In theory, searching for patents on a global scale has received comparative documents from Germany, Japan and the United States; Not limited to categories, not only patents, but also articles. So if a teacher publishes an article and then applies for a patent, it is usually impossible to authorize it. Therefore, if you want to apply for a patent and publish an article, you must first submit the patent and then publish the article.
In addition to the "three natures", the actual trial will also review other contents, such as whether it is open and sufficient. The essence of patent is to exchange publicity for protection, so the technical scheme must be disclosed to the extent that technicians in this field can implement it; Otherwise, you will receive a review opinion that has not been fully publicized, which is basically impossible to answer. The most common situation of insufficient publicity is that a large number of effects are described, but the specific scheme to achieve the effects is not clearly written.
Ppt explains shortcomings (including the second part):
1, the content is too deep. Ordinary technicians who have no patent basis may not understand it well.
2. The example is too professional. When giving examples, it is best to give simple examples. If you really want to give a professional example, you'd better match it with a simple example for the audience to understand.
3. Lack of interaction. It is necessary to control the rhythm of speaking and understand whether the other party understands through interaction, so as to adjust the way of speaking at any time.
4. Lack of interest. Pay attention to collecting interesting examples to make your explanation vivid.