Generally speaking, if a patent application is made public within one year after it is filed, it will be regarded as unauthorized disclosure, which may have an impact on subsequent patent applications. In most countries and regions, including China, the patent law requires a patent application before publication.
The criteria for identifying high-tech enterprises are different in different countries and regions. The following are some common requirements of generally recognized high-tech enterprises:
1, technological innovation ability, enterprises need to have independent research and development ability and carry out technological innovation in related fields. This includes having independent intellectual property rights, patents and technological achievements.
2, the proportion of technical personnel, enterprises need to have a certain proportion of technical personnel, such as engineering and technical personnel, research and development personnel. The specific proportion requirements may vary according to the policies of countries or regions.
3.R&D investment company. Enterprises need to continuously invest in R&D and have certain R&D strength. Enterprises are usually required to invest a certain proportion in R&D in a certain period of time.
4, the application of technological achievements, enterprises need to apply technological achievements to the actual production and business activities, and achieved certain results and benefits.
5. Industry influence. Enterprises have certain industry influence and market position in related fields, which can play a positive role in promoting the development of the industry.
To sum up, if your application for a patent for invention is made public within less than one year, others can file a high application based on the same technical scheme.
Legal basis:
Article 23 of the Patent Law of People's Republic of China (PRC)
(a) the design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
(2) Compared with the existing design or the combination of existing design features, the design that has been granted the patent right shall be obviously different.
(3) The design to which the patent right has been granted shall not conflict with the legal rights that others have obtained before the date of application.
(4) Existing designs mentioned in this Law refer to designs known to the public at home and abroad before the date of application.