In the process of protecting independent innovation technology, related enterprises in the construction industry will involve matters such as patent application, even if enterprises apply for patents and entrust patent agencies to take charge of related applications. However, enterprises should be responsible for themselves, and also understand some basic patent knowledge, apply what they have learned, and improve the professional quality and sensitivity of technicians in intellectual property rights.
Patent right belongs to a kind of intellectual property right, and its essence belongs to private right. In China, the types of patents include invention patents, utility model patents and design patents.
As an enterprise related to the construction industry, if you want to have a general understanding of the basic knowledge of patent application, you must first understand the characteristics of patents and the basic process and principle of application.
First, the "three characteristics" of patents and the "three characteristics" of patents
Construction enterprises should understand the basic characteristics of patent rights before they can determine whether to apply for a patent and how to apply for a patent. Patent right is actually the right of the patentee to obtain economic benefits.
It has three characteristics: exclusiveness, regionality and timeliness.
Patent right is an exclusive right of the patentee, which is limited by time and region, and the right is only protected in a certain period of time in a certain country or region.
In order to obtain a patent, you should have three characteristics when applying for a patent: novelty, creativity and practicality (excluding design). If an invention is unprecedented, the same technical scheme has not been published in publications or has been patented by others, then the invention is novel; If an invention is superior to similar traditional technology, it is creative; If an invention is better than the original technology and can be produced by industrial methods, it is practical.
Second, the basic process of patent application
Enterprises or individuals who have no patent application experience should not declare themselves, because this will not only lead to defects in the application documents, but also lead to improper writing of the scope of protection, which can not effectively protect patents. It is suggested that the applicant prepare the relevant application materials and attached drawings and go directly to a formal patent agency for handling.
The basic process of applying for a patent is roughly as follows: the applicant applies to China National Intellectual Property Administration, and after it is accepted by China National Intellectual Property Administration, it goes through a preliminary examination (the application for a patent for invention needs a substantive examination), and after it is qualified, it sends a notice of authorization to it. The applicant obtains a patent certificate after paying the registration fee within the prescribed time limit.
The process of patent application for utility model and design can be roughly divided into three stages: acceptance, preliminary examination and authorization;
The application process of invention patent includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization.
Three, determine what kind of patent to apply for and search.
Construction enterprises should first determine what kind of patents they need to apply for when making patent layout.
The protection contents of three kinds of patents in China are different. Invention patents protect product inventions and method inventions, utility models protect the shape and structure of products, and design beautifies the appearance of products, such as the design combining shape, pattern and color.
Then, search the patent literature to understand the existing technology. If there is no possibility of authorization for an invention, there is no need to apply, so it will not consume manpower, material resources and financial resources.
Construction enterprises can apply for different patents according to the characteristics of their own products and technologies, and carry out combined protection of intellectual property rights.
Four, the basic principles and requirements of patent application
First, the principle of prohibiting duplicate authorization is the basic principle of the patent system. The same invention can only be granted a patent right. Even if there are more than two applicants who meet the conditions for granting, they cannot all be granted patent rights, which is inseparable from the exclusiveness of patent rights.
Second, the principle of applying first, that is, taking the time of filing a patent application as the standard, whoever files an application first will be granted the same invention-creation patent right. This reflects the legal protection for the first person to file a patent application. This principle can be conducive to the early disclosure and dissemination of inventions and creations, and can avoid repeated research and waste of resources.
Third, the principle of singularity, the singularity of an application for a patent for invention means that an application for a patent for invention should be limited to one invention, and more than two inventions belonging to the general invention concept can be filed as one application. From the economic point of view, the applicant can't get the protection of several different invention or utility model patents by paying only one patent.
Technically speaking, it is convenient for the classification, retrieval and examination of patent applications.
From the application level, it is conducive to accurately defining the scope of patent protection and to the patentee's exercise of rights and obligations.
Fourth, review the principles. Patent applications must be examined by China National Intellectual Property Administration;
Among them, applications for utility models and designs only need preliminary examination, while applications for invention patents need preliminary examination and substantive examination.
Fifth, the principle of openness. After the patent application specification submitted by the applicant has passed the examination in China National Intellectual Property Administration, it shall be published and made public in the patent gazette. The content of the specification is to give a detailed, clear and complete explanation of the invention or utility model, so as to achieve full disclosure.
In short, relevant enterprises in the construction industry should do their homework before applying for a patent, and "don't fight an unprepared battle", so as to be targeted and invincible.
Ok, the content should be very detailed. You can refer to the patent you want to apply for!