Patent refers to exclusive rights, that is, open letters or open documents. Generally speaking, a patent is a document issued by a government agency or regional organization representing several countries according to the application. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. There are three kinds of patents: invention, utility model and design.
As a kind of intellectual property, invention patent naturally has the universal characteristics of intellectual property, namely timeliness, regionality, impersonality and exclusiveness. However, compared with other types of patents, invention patents have the following characteristics:
1. It is difficult to apply. In view of the creativity of the invention patent, it is required that the invention has outstanding substantive characteristics and remarkable progress compared with the existing technology before the filing date;
2, high technical value, because the application for a patent for invention requires higher creativity of the technical scheme, which requires not only formal examination, but also substantive examination, so the invention that finally obtains the corresponding patent right has high technical value;
3. Rights are relatively stable. Even if the patent application is authorized, the patent right may still be invalid in the future;
4, the protection time is long, and the protection period of different types of inventions is different;
5. The object scope is wider, which can be product invention or method invention, while the object of utility model is limited to the shape and composition of the product or the combination of the proposed utility model technical scheme.
In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
1. Failing to pay the annual fee as required;
2. The patentee waives his patent right in writing.
Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.
legal ground
patent law of the people's republic of china
Article 42 The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.