First of all, it doesn't matter whether the contents of the patent application specification are repeated or not. Because to measure whether two patent applications are different, it is necessary to compare whether the claims of the two patent applications are the same. That is to say, even if the specifications of two patent applications are verbatim, they are still regarded as two different patent applications as long as their claims are different.
If two or more patent applications are filed continuously within one year, it is better to request the earliest application priority for the later application.
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The legal significance 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. There is no unified definition of the concept of "patent", and one of them is accepted by people and widely used in patent teaching materials in China: 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 two basic characteristics of patent are "monopoly" and "openness", and the exchange of "openness" for "monopoly" is the most basic core of 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.
Baidu Encyclopedia-Patent Application
Baidu encyclopedia-patent