Legal risk analysis and prevention of improper layout of foreign patent applications
The scope of patent protection is limited to the country that granted the patent. If you go abroad, the patent will not be protected, which is the regionality of the patent. Patents obtained by power companies in China are likely to be used by others or applied for registration abroad. Therefore, electric power enterprises should arrange their own patent applications abroad reasonably, carry out necessary legal protection, and prevent the legal risks of patent infringement by electric power enterprises abroad.
The patent of electric power enterprises must apply for foreign patents if they want to be protected by countries outside China. The most common ways for general enterprises to apply for patents are "three-place application": process source application, sales place application and competitor location application.
Control the origin of products and processes. Some patented products have markets in many countries, but due to product technology, only one or a few countries can manufacture them. If you want to occupy the product market, you can only apply for a patent in the country of origin.
You also need to apply for a patent at the place of sale. Because the patentee has the right to prohibit the infringer from selling the patented product. In order to occupy the product market, the focus should be on controlling the main market countries, not the manufacturing countries.
Control the country where competitors are located. Because a considerable part of competitors' production, manufacturing and sales are in their own countries, they apply for patents in their competitors' places, which may be both the production place and the sales place of infringing products. If we get patents from our competitors, we can effectively control our competitors.
Therefore, through the above analysis, electric power enterprises can apply for patents abroad and explore the international market according to the specific situation, combined with their own market development strategy and considering their own economic strength.