All procedures for patent application must be handled in written form or in other forms stipulated by China National Intellectual Property Administration Patent Office, otherwise it will be invalid.
2. The principle of oneness.
Also known as "one invention and one application principle", it means that a patent application document can only file a patent application for one invention. However, two or more inventions or utility models belonging to a general inventive concept can be regarded as one.
Put forward; Two or more designs of products sold or used in the same category in sets may be filed as one application. The same invention can only be granted a patent right. However, the same applicant on the same day
For the same invention-creation, a patent for utility model and a patent for invention are applied at the same time, and the patent for utility model obtained first has not been terminated. If the applicant abandons the patent for utility model, the patent for invention may be granted.
According to Article 8 of the Patent Law, unless otherwise agreed, an invention-creation completed by two or more units or individuals or an invention-creation entrusted by one unit or individual to another unit or individual.
In addition, the right to apply for a patent belongs to the completed or * * * completed unit or individual; After the application is approved, the applicant unit or individual shall be the patentee. Article 3 1 also stipulates that an application for a patent for invention or utility model shall
Limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for design shall be limited to the use of one product.
A design. Two or more designs of products sold or used in the same category in sets may be filed as one application.
3. Apply first.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Note: The date of patent application shall be determined based on the complete patent application documents received by the State Council Patent Administration Department.
The date of is the date of patent application. If the application documents are mailed, the postmark date of mailing shall be the application date. If the postmark date is unclear, unless the party concerned can provide proof, the date of receipt of the patent application documents by the Patent Office shall be the date of the application.
Day. Where the patent applicant enjoys priority, the priority date shall be the filing date.
(1) Any application filed on the same day, or if negotiation fails, shall be rejected, and each item shall be regarded as a trade secret and protected equally. (2)*** and
Inventors, some want to apply for a patent, some object and don't apply. Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. There is no agreement, * * * someone can implement it alone or with ordinary.
License allows others to use the patent; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners. In addition to the above circumstances, it is also necessary to complete the exercise of part of the patent application right or patent right.
The body * * * someone's consent. (3) For the same or similar products, there are three situations in which different inventors have patent rights: First, different inventors have different inventions for the products, and they
There are essential differences between technical schemes; Second, the last patented technology is an improvement or enhancement of the previous patented technology, which is more advanced than the previous patented technology, but the implementation of this technology depends on the implementation of the previous patented technology because
And belongs to the subordinate patent; Third, because the utility model patent has not been substantially examined, the technical schemes of the two utility model patents before and after are the same or equivalent, and the latter utility model patent belongs to repeated authorization.
In the trial of patent infringement disputes, as long as the plaintiff files a patent application before the defendant, the people's court shall examine the products manufactured by the defendant according to the principle of first application stipulated in the patent law and the scope of protection of the plaintiff's patent right.
Whether the main technical features of the product completely cover the scope of patent protection of the plaintiff. Generally speaking, in the first case mentioned above, because the technical scheme invented by the defendant is essentially different from that invented by the plaintiff, the defendant does not constitute infringement.
Right; In the latter two cases, in order to implement its subordinate patent, the defendant implemented the prior patented technology without the permission of the prior patentee, or because the technical schemes of the two utility model patents are the same or equivalent, the defendant
The implementation of the latter patented technology has repeatedly violated the plaintiff's patent right. Therefore, the people's court should not dismiss the plaintiff just because the defendant owns the patent right without analyzing and judging whether it constitutes patent infringement.
Claims, but should analyze the specific situation of the defendant's patent right and the relationship with the plaintiff's patent right, so as to determine whether it constitutes infringement.
4. The principle of priority.
patent
If an applicant files a patent application for invention and creation within the statutory time limit after filing the patent application for the first time, the date of the first application shall be the filing date, and this right is called priority.
Yes, the so-called legal period here is the priority period. Priority can be divided into foreign priority and domestic priority. (1) Foreign countries are preferred. China's Patent Law stipulates that the applicant's invention or utility model is the first time in a foreign country.
Within 12 months from the date of filing a patent application, or within 6 months from the date of filing a patent application for design for the first time, and filing a patent application for the same subject in China, according to the agreement signed between the foreign country and China or
International treaties to which both parties are parties, or according to the principle of mutual recognition of priority, can enjoy priority. (2) domestic priority. Since China filed the first patent application for invention or utility model, there have been 65,438+02 applicants.
Within a few months, people who file patent applications on the same subject can enjoy priority, which is domestic priority. Domestic priority does not include design.