1. What problems should be paid attention to in patent application?
1, R&D stage
(1) full search.
Some patent applications did not fully retrieve patent documents before the project was developed and applied, and only during the research and development process or after the completion of research and development did they find that their research results were actually existing technologies that others had already completed. Enterprises have wasted valuable manpower, material resources and financial resources. More importantly, once such research results are implemented, enterprises may fall into infringement disputes.
(2) Do a good job of confidentiality.
Before applying for a patent, an enterprise should sign a confidentiality agreement with the foreign partner on all business and technical activities related to the patented technology, and also take certain confidentiality measures for its employees to obtain the maximum protection scope.
2. Application stage
(1) Selection of patent type and determination of application content.
Invention patent-Consider the protection object (various new methods, new products and new uses), long protection period, long examination and approval period, reliable invention patent after substantive examination and approval, high cost and other factors.
Patent of utility model-considering the object of protection (the shape or structure of the product, or its combination), the examination and approval period is short, there is no substantive examination, the patent reliability is weak, and the cost is low.
Design patent-considering the protected object (shape, pattern, color or their combination), the examination and approval period is short, there is no substantive examination, the patent reliability is weak, and the cost is low.
(2) Entrust a patent lawyer with rich agency experience to write and apply for a patent.
Whether an invention can be properly protected depends largely on the writing of patent application documents and the quality of patent application cases.
2. What are the licensing conditions for invention patents?
Inventions and utility models are technological innovations. To obtain a patent right, invention or utility model, the following conditions must be met:
(1) Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
For example, a technology has been patented by others in the United States and made public in the United States Patent Office. Although this technology is not disclosed in any way in China, it is not novel because it is disclosed in the United States, so others cannot obtain patent protection for this technology in China. Or a technology has been used in a product and the product has been publicly sold in domestic and foreign markets, then the technology will not be patented in China because it is not novel.
(2) Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
For example, a notebook computer with an electronic watch on its surface can see the time when the notebook computer is turned off. For this invention, because it is only a simple combination of notebook and electronic watch, it does not produce a third function other than notebook and electronic watch, or obviously forms a new combination or saves costs. So there is no creativity and no patent protection.
(3) Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
For example, the way to build an elevator between the earth and the moon. Although this method is feasible in theory, it can't be applied for a patent because it can't be realized and is not practical under the existing technical conditions.
Third, why do patents need to pay an annual fee?
According to the patent law, the annual fee should be paid before the corresponding application date every year. If the patentee fails to pay the prescribed annual fee within the prescribed time limit, his patent right shall be terminated. After the termination of the patent right, it will become public technology and anyone can use it for free.
Paying the annual patent fee is the obligation of the patentee. The patentee is required to pay the annual fee on time, on the one hand, because the state provides him with legal protection and the relevant state institutions also provide services for him; On the other hand, the annual fee, as an economic lever, urges the patentee to give up the patent with no economic value for the public to use freely.
The above is a complete introduction of "what problems should be paid attention to in patent application", hoping to help everyone.
Legal objectivity:
patent law of the people's republic of china
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
patent law of the people's republic of china
Article 34
After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
patent law of the people's republic of china
Article 35
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time;
If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
patent law of the people's republic of china
Article 39
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.