First of all, from the purpose of the patent system, it has the function of promoting innovation and productivity development, as well as information dissemination. Facts show that there are only a few patents actually put into production and application, whether in developed countries such as the United States and Japan, or in developing countries such as China with certain innovation ability. This is because technological invention has always been a "trial and error mechanism", and it is a process of determining feasible, especially commercialized ways through research. However, patents that have not been put into production have also saved a lot of social costs and produced certain benefits through information diffusion.
Secondly, for utility model patents and design patents with a large number of applications, formal examination means that authorized patents only have formal legitimacy, and cannot guarantee the stability of rights. Therefore, it is normal for these two kinds of patents to have disputes, and it is necessary for the obligee or interested party to file an application through certain procedures, and the patent examination organ will determine whether it meets the substantive requirements of the law. Why don't we also conduct a substantive review of utility models and designs? In fact, in China's patent law, if a utility model patent wants to take legal action to protect patent rights, it needs to issue a search report of the new structure or appearance patent first. If there is no search report, the court will not accept the infringement case, because only through the search report (pre-litigation search) can it be confirmed whether the claim item is creative and novel. However, the general junk patent will have creative remarks without novelty in the search report. How to obtain the search report? In fact, it's very simple, just apply to China National Intellectual Property Administration. Generally, together with the patent agent's fees and official fees, the total time is about RMB 3,5.-It takes about half a year.
Thirdly, for the design patent, according to the law, the design granted the patent right only requires different and similar designs, and does not require more innovation. Some people complain that "it is actually a manifestation of patent abuse to apply for a design patent for something common and obvious, such as horses, cows, sheep, tigers, cats and dogs, or to crack down on competitors' behavior." This statement is actually untenable, because the products formed by industrial manufacturing can't be the animals themselves, and even if they are lifelike, they will never be "the same" as the original animals. That is to say, although the object is the same, the expression must be different, and the design patent protects this different expression.