Patent mainly refers to patent right. Patent right is a kind of exclusive right, which refers to the patent right granted to the patent applicant by the national patent examination and approval authority after passing the examination according to law.
Why get a patent?
Patents can protect technological innovation and innovation. Anyone who invents, creates or improves a new practical process method, machine, product or material component may apply for a patent. Most countries in the world have their own patent systems. After obtaining a patent in a country, the patentee has the right to prevent others from implementing his invention in this country. In most countries, the most radical patent protection period is 20 years. In order to maintain the validity of the patent, it is necessary to pay an annual fee, usually once a year. Many countries outside the United States refuse to provide patent protection for inventors who disclose their inventions before applying for a patent, so inventors should avoid publishing or selling their inventions before applying for a patent.
Types, duration of protection and examination methods of patents
There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent.
Invention refers to a new technical scheme proposed for a product, method or its improvement. The application for a patent for invention shall be subject to the system of early publicity and deferred examination, and the protection period shall be twenty years, counting from the date of application.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The application for a patent for utility model shall be subject to a preliminary examination system, and the protection period shall be ten years, counting from the date of application.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. The design patent shall be subject to the preliminary examination system, and the protection period shall be ten years, counting from the date of application.
The applicant should consider which patent is more suitable for application in combination with the technical level, commercial value, market life and cost of the invention and creation.
Requirements for granting patent rights
1, does not violate national laws and social ethics, and does not hinder public interests.
2. Contents and technical fields in which the patent right is not granted as stipulated in the Patent Law:
1) scientific discovery
2) Intellectual activities
3) Diagnosis and treatment of diseases
4) Species of animals and plants
5) substances obtained by nuclear transformation method
The production method of the products listed in item 4 above may be granted a patent right in accordance with the Patent Law.
3. Patented inventions and utility models shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was applied for a patent in China National Intellectual Property Administration by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
4. The grant of the patent right and the design shall be different from or not similar to the design published in domestic and foreign publications or publicly used in China before the filing date, and shall not conflict with the legal rights obtained by others in advance.
Preparation before applying for a patent
1) Keep it confidential.
2) Feasibility analysis: Search for patents at home and abroad, consult relevant professional punishments, understand the current situation of mastering similar technologies or products, analyze the feasibility of obtaining patents, and avoid the waste of manpower, material resources and financial resources.
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