Question 2: What is a patent document? Patent documents are the general name of official documents and publications produced by countries and international patent organizations that implement the patent system in the process of patent examination and approval. Early patent documents, called patent certificates or invention patent certificates, are exclusive legal documents granted to inventors. The patent specification, that is, the description of the invention, including the description of the exclusive right claim, was only a part of the legal document at that time. Modern patent documents can be divided into three types according to their different functions: first-class patent documents, second-class patent documents and patent classification materials. Patent documents, that is, all kinds of patent specifications that describe in detail the specific content of invention and creation and the scope of patent protection. Secondary patent documents are various official publications that publish abstracts or patent names and patent indexes, such as patent bulletins and annual citations.
Question 3: Types of patent literature retrieval Modern patent literature can be divided into three types: first-class patent literature, second-class patent literature and patent classification data. Patent documents refer to various forms of patent specifications. Secondary patent documents, that is, patent documents, patent names, patent indexes and official publications of various patent affairs published by the Patent Office, mainly refer to patent bulletins and patent indexes. Patent classification data is a tool to classify and retrieve patent documents according to the theme of invention technology, namely patent classification table, classification table and classification table index. Patent specification is the main body of patent literature, and its main functions are: first, to disclose technical information; The second is to limit the scope of patent rights. When any patent information user searches for patent documents, what he finally wants to obtain is the full-text patent documents. Only in the patent specification can we find all the technical information of the patent application and the accurate legal information of the patent protection scope. The contents of patent specifications in various countries gradually tend to be consistent and form a fixed format, which can be generally divided into three parts: (1) Home Page-Patent Document Description Project A patent document description project includes all the characteristics of patent information and has the characteristics of expressing legal information, such as patent applicant (or patentee), application date, application disclosure date, examination announcement date, patent approval and authorization date, etc. With the characteristics of patented technical information, such as the name of the invention, the summary of the technical content of the invention, representative drawings or chemical formulas, etc. Priority abstract, as well as representative drawings or chemical formulas. For the priority application, there is also the priority application date, application number and application country. In order to make it easier for the public to understand the patent document description project and computer management, ICIREPAT of Paris Union has formulated the Unified Code (INID) for the patent document description project. The code is represented by two * * * numbers in circles or brackets. The following are introduced: (10) document number (1 1) document number (or patent number) (12) document category (13) countries or institutions that publish patent documents (20) domestic registered projects (2/kloc) 1) priority application number (32) priority application date (33) priority application country (40) publication date (4 1) patent specification that has not been examined and approved, and provide the public with the patent specification that has been examined but not approved (42). Date of reading or accepting the copy to the public (43) Publication date of the specification of the patent that has not been examined and approved (44) Publication date of the specification of the patent that has been examined and approved (45) Publication date of the specification of the patent that has been examined and approved (46) Publication date of the claim in the patent application (47) Publication date of the approved patent (50) Technical information item (5 1) International patent classification. Cl), the * * * in the upper right corner stands for >; Version, such as Int. The fifth edition of cl. (52) Domestic patent classification number (53) International decimal classification number (54) Invention name (55) Keywords (56) Published technical level documents (57) Abstracts and patent items (58) Subject range to be searched during examination (60) Other legal reference items in domestic patent documents (6 1) Supplementary patent personnel are related to documents. Inventor's name (73) assignee's name (or company's name) (74) inventor's name (76) inventor's name, applicant's name and assignee's name (80) related items of international organizations (80) PO designated country (86) international application description items, such as application number, publication language and filing date (87) international patent contribution number, language and publication date (87) The unified use of the above codes enables the description of patent documents to achieve international unified standards. (2) The contents of the invention (including the claims) generally include the following parts: a. The back of the invention > >
Question 4: Does the narrow patent document refer to the patent specification? The patent specification includes descriptions, abstracts, claims, specifications and drawings.
Question 5: What are the main contents of patent documents published in China? Patent documents are the general name of published or unpublished documents (or their abstracts), which include: relevant materials applied for or confirmed as research, design, development and test results of discoveries, inventions, utility models and industrial designs, and relevant materials protecting the rights of inventors, patentees and holders of industrial designs and utility model registration certificates.
In a narrow sense, it refers to: patent specifications and claims published by the patent office;
In a broad sense, it also includes patent literature abstracts, patent bulletins, various retrieval reference books, patent-related legal documents and so on.
Generally speaking, patent documents are the general name of official documents and publications produced by patent offices and international patent organizations in the process of patent examination and approval.
Yike Patent Station answers your questions and hopes to help you!
Question 6: What does the patent right include? The nature of patent right is mainly reflected in three aspects: exclusivity, timeliness and regionality.
exclusiveness
Exclusivity, also known as exclusivity or exclusivity. The patentee enjoys exclusive or exclusive rights to the patent he owns, and no one may use it without his permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights).
in time
Timeliness means that the legal protection for patentees is not indefinite, but limited. Beyond this time limit, it will no longer be protected, and the patent right will immediately become the common wealth of mankind and anyone can use it.
sovereign right over territory
Regionality means that any patent right can only be produced in a certain area and protected by law. This is another important legal feature different from tangible property. According to this feature, the patent right obtained according to the laws of a country is only protected by law in that country, but not in other countries, unless there is a bilateral patent (intellectual property) protection agreement between the two countries, or * * * participates in an international convention on patent protection (intellectual property).
correct
(a) licensing rights
It means that the patentee can license others to exploit his patented technology and collect royalties. Where another person is licensed to exploit a patent, the parties concerned shall conclude a written contract.
(2) Right of transfer
The patent right can be transferred. Where a patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the patent right shall take effect from the date of registration. Where a unit or individual in China transfers a patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
(3) Marking right
It means that the patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product.
Question 7: What does the literature include? What's the difference between patent and periodical literature? A main person in charge (monograph author, editor-in-chief of anthology, degree applicant, patent applicant, report writer, journal article author, article author). Multiple principals are separated by ",". Please note that the abbreviation "."is not allowed in this data. The main person in charge only lists the names, and then does not add the responsibilities such as "writing", "editing", "editor-in-chief" and "co-editing". B. Title and version of the document (the first version is abbreviated). C. identification of file type and carrier type. D. Publication project (place of publication, publisher, year of publication). E. the source of the document or the accessible address of the electronic document. The starting and ending page numbers of the document. G. Document standard number (standard number, patent number ...). Document type identification M C N J D R S P(2) For precipitated documents in monographs and papers, the single letter "A" is recommended for document type identification; For other unspecified literature types, it is suggested to use the single letter "Z". Electronic file type identification DB CP EB(4) carrier type of electronic file and its identification [file type identification/carrier type identification] such as [DB/ol]- online database [DB/mt]- database on tape [m/CD]. -CD monograph [CP/DK]- Disk software (computer program on disk) [EB/OL]- bulletin board system Online.
Question 8: What is the meaning of patent? Concept and characteristics of patent.
The word patent often appears in our daily life, and it usually has three different meanings:
First of all, it refers to the patent right. From the legal point of view, patent usually refers to patent right. The so-called patent right refers to the exclusive right enjoyed by the patentee for his invention and creation within the time limit prescribed by law. It should be noted that the patent right does not arise naturally when the invention is completed, but is applied by the applicant in accordance with the procedures prescribed by law and can only be obtained after being approved by the patent administration department of the State Council.
Second, it refers to inventions and creations that have obtained patent rights. For example, the "patent" in the sentence "This technology is my patent" refers to the technology that has been granted a patent right.
Third, it refers to patent documents. Refers to patent bulletins and patent specifications published by patent offices in various countries, as well as patent documents published by relevant departments. A legal document that records the details of the invention and the technical scope protected by law. What we call "patent retrieval" refers to consulting patent literature.
Patents, like other intellectual property rights, have three characteristics: exclusivity, regionality and timeliness.
exclusiveness
Exclusivity refers to the invention and creation of the same content, and the state only grants one patent right. The patentee enjoys exclusive rights. Without the permission of the patentee, no unit or individual may manufacture, use, promise to sell, sell or import its patented products for the purpose of production and operation, or use, promise to sell, sell or import products directly obtained according to the patented methods by using its patented methods. Here is a case about the exclusive right of patent. Harold Lansberg, an American, invented the electrostatic spray painting process, applied for patents in many countries and obtained patents. Because the application of this patented technology can save nearly half of the paint, and the paint of the product is uniform, bright and beautiful, after being publicized by newspapers and periodicals, enterprises in various countries have copied it one after another. Lansberg took the patent right as a weapon and filed a patent infringement lawsuit in the United States and other countries to investigate the legal responsibility of the infringer. Because of patent protection, he won the lawsuit, defeated Ford Motor Company, General Motors and other large enterprises in the United States, and won compensation of 4 million dollars in the United States alone. He went to Japan, and 400 infringing enterprises lined up for compensation.
regional
Regionality, that is, space restriction, refers to the patent right granted by a country or region, which is only valid in that country or region and has no legal binding force in other countries or regions. Therefore, if an invention is to be protected by law in many countries or regions, it must be patented in these countries or regions respectively.
(3) timeliness
The temporality of patent right means that patent right has a certain time limit. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. Article 42 of China's Patent Law stipulates: "The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both of which are counted from the date of application. If the patent right expires before the statutory time limit or for some reason, anyone can use it for free. At present, among the published and approved patent applications in the world, there are about 30 million patents that have expired or expired. These patents have become the public wealth of the world and can be used free of charge.
Patent types: invention patent, utility model patent and design patent.