It is divided into application, acceptance, first-instance qualification, on-the-spot examination, publication, issuance of examination opinions, authorization and issuance of patent certificates. When applying for a patent, each state is a necessary stage, at which stage, what is the legal state of the patent,
After applying for a patent, the applicant becomes the patentee and can enjoy various rights such as the use, authorization, transfer and revocation of the patent.
In China, ordinary patents can be divided into three types:
1, invention patent
Refers to the technical scheme put forward to improve products and methods,
The characteristics of invention patent include: it is a technical scheme, which uses natural laws to solve various problems encountered in production, scientific research or experiment. It has many technical characteristics, and should be novel, creative and practical, and has outstanding characteristics. On the basis of the original technology, great progress has also been made.
2. Patent for utility model
The patent for utility model refers to a new technical scheme that is suitable for practical use according to the structure, shape or combination of the two. The requirements for creativity and technical level are not too high, but the practical value is relatively high. It can be understood as a small patent or invention and is also protected by the patent law.
3. Design patents
A design patent refers to a new design that combines the whole or partial shape and pattern of a product, or the combination of color and shape and pattern, and is aesthetic and suitable for industrial application.
The patent right is protected by the patent law,
After obtaining the patent right, the patentee enjoys all the rights to dispose of the patent, and no one or a third party may use the patent. After the patent right is infringed, you can safeguard your rights and interests through legal means and negotiate with the infringer. If not, you can request the patent administration department for mediation. If mediation fails, he can file a patent infringement lawsuit.