What is the significance of patent application?

Legal analysis: The significance of patent application includes the following points: 1. Determine the ownership of the right of invention and creation through legal procedures, so as to effectively protect the achievements of invention and creation and monopolize the market in exchange for the greatest benefits; 2. Strive for initiative in market competition to ensure the safety of production and sales; 3. The state has certain support policies for patent applications and will give some policy and economic help; 4, constitute a technical barrier, others want to develop similar technologies or products must be approved by the patentee; 5, can not only promote the upgrading of products, but also improve the technical content of products, improve product quality and reduce costs, so that the products of enterprises are invincible in the market competition; 6. Enterprises with independent intellectual property rights are not only powerful enterprises that consumers are eager for, but also the main target groups supported by various government policies; 7. In addition to the above functions, having a certain number of patents is also an important indicator of the listing evaluation of enterprises.

Legal basis: Article 25 of the Patent Law of People's Republic of China (PRC) does not grant a patent right for the following matters: (1) Scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) Nuclear transformation methods and substances obtained by nuclear transformation methods; (six) the design of the pattern, color or the combination of the two. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law. Article 65 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).