First, the legal risks caused by improper patent application strategies.
If the patent application strategy is improper, it may cause serious losses to enterprises. For example, technology that should be protected by trade secrets has been improperly patented. There are two ways to protect the invention, one is to apply for a patent; The other is to protect it as a trade secret. If an invention-creation does not meet the professional requirements stipulated in the patent law, an enterprise applying for a patent has the following legal risks: because it does not meet the professional requirements stipulated in the patent law, the patent application will be rejected. Technology holders can only protect them according to the trade secret system. However, according to the provisions of the patent law, it is necessary to disclose and publish relevant materials when applying for a patent. This means that competitors can obtain the company's technology development through open and legal channels. Therefore, this technology can not only be patented, but also be protected as a form of trade secret because the technical information has been made public.
Although some inventions meet the requirements of the patent law, they can be patented after application. However, due to the limitation of patent protection, once the term expires, the patentee will lose the exclusive right. Therefore, if an invention is created and the obligee expects that the competitor cannot develop it in a short time, the enterprise may wish to protect it by means of trade secrets.
Second, the legal risks caused by improper writing of patent specifications and claims.
"Patent specification" refers to a patent specification that has been patented and granted a patent right. The patent specification determines the scope of patent protection. Different descriptions in the patent specification will lead to different scope of protection confirmed by law. Patent claim is one of the most important documents in patent application documents, and it is a document to determine the scope of protection of an invention and creation by the state.
The importance of patent specifications and claims is so remarkable that we should be especially careful and choose words carefully when writing these legal documents. Otherwise, the legal risks caused by improper writing may make the inventions and creations of enterprises unable to obtain the legal protection they deserve, and the general consequence is to narrow the scope of legal protection for inventions and creations.
Third, the legal risks of patent infringement.
After the obligee obtains the patent right, the biggest legal risk is patent infringement. On the one hand, the patentee may be infringed by others; On the other hand, there is also the possibility that enterprises may infringe others' patent rights.
After obtaining the patent right, the enterprise shall track the infringing products or behaviors in the professional field, discover the infringing facts in time, and keep relevant evidence in order to stop the infringement and claim in time; Before the products are produced and put on the market, enterprises should search the relevant patent literature to find out whether their products infringe others' patents.
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