One is the principle of first invention, that is, if two or more people file patent applications for the same invention respectively, the patent right shall be granted to the person who made the invention first, regardless of the time when he filed the patent application. However, when adopting this principle, we often encounter many practical difficulties in determining who is the first inventor. Therefore, at present, only a few countries in the world, such as the United States, Canada and the Philippines, have adopted this principle.
One is the principle of applying first. The so-called principle of first application means that when two or more people apply for the same invention separately, the time when they made the invention is subject to the time when they filed the patent application, that is, the patent right is granted to the person who applied first. China and most countries in the world adopt this principle.
Reasons for application:
1. Determine the ownership of the right of invention and creation through legal procedures, so as to effectively protect the achievements of invention and creation and monopolize the market in exchange for the maximum benefit;
2. In order to take the initiative in the market competition, ensure the safety of our production and sales, and prevent our opponents from suing us for infringement (suffering high economic compensation, forcing us to stop production and sales);
3. The state has certain support policies for patent applications (such as patent incentive policies promulgated by the government, high-tech enterprise policies, etc.). ), and will give some policy and economic help.
1. The patent right is protected by the national patent law, and no unit or individual may use it (sue others for patent infringement and claim compensation) without the consent of the patentee.
2. Apply for a patent for one's invention and creation in time, so that one's invention and creation are protected by national laws, and others are prevented from imitating the new technologies and new products developed by this enterprise (it constitutes a technical barrier, and others must obtain the consent of the patentee if they want to develop similar technologies or products).
If you don't apply for a patent for your invention and creation in time, others will apply for a patent for your labor achievements, and in turn sue you for patent infringement to the court or patent management authority.
1, can not only promote the upgrading of products, but also improve the technical content of products, improve product quality and reduce costs, so that the products of enterprises are invincible in the market competition.
2. If an enterprise owns many patents, it is the embodiment of its powerful strength, and it is an intangible asset and intangible publicity (enterprises with independent intellectual property rights are not only powerful enterprises that consumers are eager for, but also the main target groups supported by various government policies). 2 1 century is the era of knowledge economy, and the competition in the future world is the competition of intellectual property rights.
3. Patented technology can be sold (transferred) as a commodity, which has more legal and economic benefits than simple technology transfer, thus realizing its economic value.
1, the patent publicity effect is good.
2. Avoid the embarrassment of removing the exhibits at the exhibition.
1. In addition to the above functions, having a certain number of patents is also an important indicator in the listing and other evaluation of enterprises, such as the qualification evaluation of high-tech enterprises, the acceptance and evaluation of scientific and technological projects, etc. Patents are also a bridge for the marketization of scientific research achievements. In short, patents can be used as a shield to protect their own technology and products; It can also be used as a spear to attack opponents' aggression. Making full use of the function of patent will greatly promote the production and operation of enterprises.
Generally involves the following questions:
(1) Inventions that violate public order and good customs are generally not patented. However, the application of this provision is closely related to the class nature of the country.
(2) The basic principles of scientific discovery and natural science are not patented because they cannot be directly applied to industrial and agricultural production. Many countries give awards according to special laws (see right of discovery).
(3) Some material inventions, such as those obtained by chemical methods, those obtained by nuclear transformation, and foods and beverages, are not patented in most countries, but patented in a few industrialized countries. Its manufacturing method can also be patented in general.
(4) Many countries do not grant patents to new varieties of animals and plants, and a few countries stipulate that patents should be granted.
⑤ Diagnostic medical methods and drugs are also patented by a few countries.
⑥ Computer programs (software) have been patented by very few countries.
Some countries that implement the invention patent system also take the form of protecting utility models and designs. Utility model refers to the innovative design of the shape, structure or combination of articles, also known as "small inventions" and "small patents". Its characteristics are lower requirements for invention, simpler application and approval procedures, lower cost and shorter protection period. Only a few countries and regions adopt utility model protection, such as the Federal Republic of Germany, France, Japan, Italy, Spain, Portugal, Poland, the Philippines and Uruguay. Appearance design, also known as industrial product design, refers to the design of the shape, pattern, color or their combination of products that is aesthetically pleasing and suitable for industrial application. According to the statistics of World Intellectual Property Organization (WIPO) 1976, there are 6 1 countries that adopt design protection. Some countries have provisions in the patent law (such as the United States and Thailand), and some countries have separate regulations outside the patent law (such as the Federal Republic of Germany and Japan). China's Patent Law clearly stipulates the protection of utility models and designs.
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