1. What is a patent?
Patent mainly refers to the patent right, which is an exclusive right, and refers to the exclusive right granted by the national patent examination and approval authority to the patent applicant for the invention-creation that has filed a patent application according to law.
2. Type of patent
There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
3. Conditions for granting patent right
(1) does not violate national laws and social ethics, and does not harm public interests.
(2) Contents or technical fields in which the patent right is not granted as stipulated in the Patent Law:
A. scientific discoveries;
B. rules and methods of intellectual activities;
C. diagnosis and treatment of diseases; D. animal and plant varieties;
E. substances obtained by nuclear transformation.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the Patent Law.
(3) Inventions and utility models for which patent rights are granted shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention has been published in domestic and foreign publications, publicly used in China or known to the public in other ways, and no identical invention has been applied to China National Intellectual Property Administration by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
(4) The design for which the patent right has been granted shall be different from or similar to the design that has been published in domestic and foreign publications or publicly used in China before the application date, and shall not conflict with the legal rights previously obtained by others.
4. Duration of patent protection
The protection period of the invention patent right is 20 years; The protection period of the patent right for utility model and design is 10 years, counting from the date of application.
5. Preparation before patent application
(1) Pay attention to confidentiality, and the applicant should try his best to apply for a patent before the following situations occur:
A. hold technical exchange meetings and technical or product appraisal meetings;
B. participate in technology or product exhibitions or trade fairs;
Publishing relevant academic papers, product introductions, photo advertisements or selling products involving inventions and creations in publications;
D. negotiating technology transfer or cooperation with others;
Why should we protect patent rights?
1. Patent right is the most important intellectual property right. As a kind of property, patent right can be traded in the market. The patent right is protected by the national patent law, and no unit or individual may use it without the consent of the patentee.
2. The competition in the market economy is fierce, and enterprises want their products to occupy the market. In order to achieve this goal, they must apply for patents for their inventions in time, so that their inventions can be protected by national laws. Otherwise, anyone can use your inventions, anyone can copy your products, and lose the opportunity to occupy the market.
In addition, if you don't apply for a patent for your invention and creation in time, others will apply for a patent for your labor after they know your invention and creation. When you get the patent right, you will be sued to the court or the patent management authority for patent infringement in turn, which will make the original inventor's labor achievements unusable and impossible to implement, and put the original inventor in a passive position of being beaten.
Legal basis:
In Article 42 of the Patent Law of People's Republic of China (PRC), the patent right for invention is 20 years, the patent right for utility model is 10 year, and the patent right for design is 15 year, all of which are counted from the date of application.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.