If there is an innovation in the patented technology, then the citation classification numbers of the previous and later patents will be inconsistent.
Patented technology refers to technology protected by patents that are within the validity period.
According to the classification of patents under my country’s patent law, patented technologies mainly include technologies protected by invention patents and utility model patents. Design patents protect new designs rather than technologies. Therefore, strictly speaking, they should be called patented designs rather than patented technologies. However, as we usually say, the term patented technology has a broad connotation and includes invention patents, utility model patents and design patents.
It should be noted that patented technology only refers to the technology protected by the authorized patent, that is, it only refers to the technology protected by the patent claims, and it cannot be considered that all the technologies recorded in the patent specification are It is a patented technology, and it cannot be considered that the technology recorded in an unauthorized patent application is also a patented technology.
It should also be noted that patented technology will become non-patented technology as the validity period of the patent expires, or expired patented technology, and can be used free of charge. However, it is important to note whether any other relevant patent rights are still valid.
There are three types of patents in my country:
1. Invention patents
The definition of invention in Article 2, Paragraph 1 of my country’s "Implementing Rules for the Patent Law" is: : "Invention refers to a new technical solution proposed for a product, method or improvement thereof."
The so-called product refers to various new products that can be manufactured in industry, including solids with certain shapes and structures. , liquids, gases and other items. The so-called method refers to the method of processing raw materials to make various products.
An invention patent does not require that it be a technical achievement that has been proven in practice to be directly applied to industrial production. It can be a solution to a technical problem or an idea that has the possibility of industrial application. nature, but this kind of technical solution or idea cannot be confused with simply proposing a project or idea, because a simple project or idea does not have the possibility of industrial application.
2. Utility model patents
The definition of utility model in Article 2, Paragraph 2 of my country's "Implementing Rules for Patent Law" is: "Utility model refers to the shape and structure of a product. Or it may be combined with a new technical solution that is suitable for practical use. "Like an invention, a utility model protects a technical solution.
However, the scope of utility model patent protection is relatively narrow. It only protects new products with a certain shape or structure, but does not protect methods and substances without fixed shapes. The technical solutions of utility models pay more attention to practicality, and their technical level is lower than that of inventions. Utility model patents in most countries protect relatively simple and improved technical inventions, which can be called "small inventions."
3. Design patent
The definition of design in Article 2, Paragraph 3 of my country's "Implementing Rules for Patent Law" is: "Design refers to the shape and pattern of a product. Or the combination of color, shape, and pattern creates a new design that is aesthetically pleasing and suitable for industrial application. ”