Handling and granting of the right of invention

Handling of objections and awards: The State Science and Technology Commission set up an invention selection committee, which announced the award items after examination and solicited objections. During the three-month objection period, if there is no objection or the objection is not established, the invention selection committee will report the invention results to the State Science and Technology Commission and grant the invention right. If there is any objection, the reporting department should first put forward the handling opinions, and finally make a decision by the Science and Technology Commission. The Commission of Science, Technology and Industry for National Defense is responsible for examining special inventions for national defense, evaluating the award level and reporting them to the State Science and Technology Commission for approval and award.

Patents include product inventions, method inventions and improved inventions.

Substantive conditions for obtaining a patent: novelty, creativity and practicality.

Novelty: refers to new, unprecedented and undisclosed. The new meaning of invention and utility model: it has not been published in domestic and foreign publications or used in China before the filing date. The new meaning of design: it is not the same as or similar to the design published in domestic and foreign publications and publicly used in China before the application date.

Creativity: refers to the obvious progress compared with the existing technology. Inventions should have outstanding substantive features and remarkable progress, and utility models should have substantive features and progress.

Practicality: refers to an invention or utility model that can be manufactured or used. Patent application procedure: submit application documents to the patent office: request, specification, claim and abstract.

Patent examination and approval procedures:

(1) First trial: also known as formal review. If the application for utility model and design is rejected after preliminary examination, the Patent Office shall grant the patent right, issue the patent certificate, register and announce it.

(2) Early publication: if the application for a patent for invention meets the requirements after preliminary examination, it will be published within 18 months from the date of application.

(3) substantive examination: technically determine the patentability of the invention and submit it within 3 years from the date of application. If the application for a patent for invention is rejected after substantive examination, the Patent Office shall grant the patent right, issue a certificate, register and announce it.

(4) The patent right can be revoked within 6 months from the date of authorization of revocation procedures and invalid procedures; After 6 months from the date of authorization, you can request invalidation.

Exercise of patent right:

(1) patent implementation: self-implementation; Allow others to implement it; The patent right is transferred to another person for implementation; Compulsory license implementation.

⑵ Types of patent license: exclusive license, exclusive license, general license and sub-license.

(3) the right to apply for a patent or the transfer of a patent right. Patent protection: duration of patent protection: 20 years for invention patent; The utility model is 10 year; Design 10 year. The act of exploiting the patented technology without the permission of the patentee is an act of patent infringement. Three elements of patent infringement: infringement; Belonging to illegal infringement; The infringer must be at fault. Scope of patent protection: the invention or utility model shall be subject to the contents of its claims, and the description and drawings are used to explain the claims. The design shall be subject to the patented product of design shown in the picture or photo. Legal protection of patent right: administrative protection, administrative litigation protection, civil litigation protection and criminal litigation protection.