Patent literature problem

Patent literature is a general term for published or unpublished documents (or their abstracts), which contain relevant information about the research, design, development and test results of discoveries, inventions, utility models and industrial designs, as well as information about protecting the rights of inventors, patentees and holders of industrial designs and utility model registration certificates.

function

I. Patent Retrieval of Patent Applications

Before applying for a patent, the applicant should search the relevant patent documents to see whether the invention is novel, creative and practical, so as to avoid not getting a patent right after applying; When requesting substantive examination, the applicant for a patent for invention shall submit relevant reference materials including patent documents to the Patent Office in accordance with the provisions of the Patent Law.

Second, inspire the concept of invention and creation.

There is a good saying: "stand on the shoulders of giants." Many inventions are developed on the basis of others' inventions, or inspired by them.

Third, you can learn about the latest developments in this field.

As mentioned above, the report of patent documents is 1-3 years earlier than other documents, and there is a process from the birth to the popularization and application of a new technology, with a "time lag" ranging from several months to decades. Therefore, we can learn about the latest development of science and technology from patent literature.

Fourth, it is conducive to technology transfer.

When enterprises are looking for new technologies, there are only two ways: first, enterprises "take the initiative"; Second, the inventor "recommended himself". For initiative, a better method is to search patent literature, search out many technologies in this technical field, and then choose the best; For "self-recommendation", we should search patent literature to avoid being confused by the inventive features of self-recommendation.

Five, conducive to the technological development of enterprises.

From the past lessons, many enterprises blindly develop some new products, which not only wastes manpower, material resources and financial resources, but also is not advanced technology compared with the previous technology, resulting in poor sales of their products in the market. Patent retrieval can avoid waste and duplication of work, and can learn from previous inventions to develop products with advanced technology and market potential; At the same time, we can understand the development trend of competitors in order to take corresponding countermeasures.

Six, is conducive to the introduction of foreign advanced technology and equipment.

Judging from the introduction in the past, there are many disadvantages: blind introduction; Not introducing the most advanced technology; Some patents in technology transfer are expired patents, which leads to high technology use fees, and so on. By searching patent literature, we can not only avoid the above disadvantages, but also shop around and find out the advanced technology suitable for the national conditions.

Seven, as a strong basis for patent litigation

In patent infringement litigation, when the defendant is accused of infringement, he should search patent literature and consult the plaintiff's patent information and related background technology to avoid losing the case; When the patent applicant refuses to accept the decision made by the Patent Office Reexamination Board (rejection, revocation, invalidation or maintenance, etc.). ) and bring a suit in a people's court, it shall also search patent literature and provide relevant information.

meaning

Patent literature is of great significance to scientific research;

1. When starting a research project, you can fully understand the existing technical level of a specific technical field, choose a high starting point and new research fields, avoid duplication of labor and investment, and save time and research funds;

2. In scientific research activities, understanding the development history, achievements and various solutions of scientific research projects is helpful for researchers to explore ideas and stimulate creative thinking;

3. It is helpful to realize the industrialization of science and technology, better combine scientific research with the market, and accelerate the popularization and application of scientific and technological achievements;

4. Novelty retrieval in the project review stage can provide a scientific scale for project declaration and review;

5. It is conducive to understanding the development trends of world science and technology, introducing new foreign technologies in time, and improving the scientific research level and overall strength of China.

With the birth of CD-ROM publication of patent documents in China, it is time-saving and labor-saving to retrieve patent documents from CD-ROM by computer. The CD-ROM of China Patent Database published by Patent Literature Publishing House records all patent documents since the implementation of 1985 Patent Law. Its content is similar to an index. It takes more recording items as the entrance, and then enters the announcement CD and the explanation CD, and you can get all the documents you need.

function

The number of patent families in patent literature is one of the important economic information.

It clearly reflects the potential technical market and economic influence scope of the invention, and discloses its economic information.

Through patent literature, we can also learn more about enterprises active in a specific field and their technical level, which is helpful to estimate the future competition in technology, economy and market.

How to consult China patent literature?

China Patent Index is a very effective reference book for searching patent literature. The index was published before 1997, including the annual index of classification and the annual index of applicants and patentees. The annual index of classification is arranged in the order of international patent classification or international design classification; The annual index of applicants and patentees is arranged alphabetically according to the names or translations of applicants or patentees. Both indexes are divided into three parts according to invention patents, utility model patents and design patents. 1997 began to change into three kinds.

On the basis of keeping the original two kinds unchanged, the index of application number and patent number is added, which is arranged in numerical order according to the application number. And it is published once every quarter, which shortens the publishing cycle and is more convenient for users.

When we know the classification number, applicant's name, application number or patent number, we can use them as the entrance to find out the public (announcement) number from the index, and according to the public (announcement) number, we can find out the patent specification, so as to understand all the technical contents of a patent and the scope of the rights to be protected. If you want to know the legal status of a patent, you can find the issue number of its bulletin through the index. If you want to know the existing technical status of a certain technical field, or you don't know the applicant or patent number, but you want to know the patent technical status of the invention-creation project you are engaged in, you can consult the international patent classification table according to the technical field or keywords of the project to determine its classification number, and further consult its patent specification from the patent number and patent name applied by the applicant in the classification index.

How to search patent literature

When searching, we should first analyze the search topic and convert the content of the topic into the search language-patent classification number and keywords, because the main part of patent literature retrieval tools usually uses patent classification number and keywords to express specific technical content, so as to retrieve relevant patent documents. Use the international patent classification table to determine the IPC number, and search the classification index of China Patent Index or IPC index of Patent Bulletin with the IPC number as the search point, and get the corresponding WeChat official account (authorized announcement number), application number (patent number), applicant (patentee), invention (patent) name, serial number, etc. , and then turn to the WeChat official account channel.