1, used in spoken language, only refers to exclusive. For example, "this is not your patent";
2. The triple meanings in intellectual property rights are easily confused.
First, the abbreviation of patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law.
Second, it refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. The "patent" here refers to technical methods-technologies or schemes protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country.
Third, it refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document.
Here, although the first two meanings of patent are different, they are all intangible, and the third meaning refers to tangible matter. The word "patent" can refer to only one of the meanings, or it can contain more than two meanings, and the specific situation must be viewed in context. Regarding the concept of "patent", people generally think that it is a document issued by a patent institution according to an invention application, which describes the content of the invention and creates a legal state, that is, a patented invention can only be used (including manufacturing, use, sales and import, etc.). ) with the permission of the patentee.
Because patents involve naked interests, the knowledge, laws and regulations related to patents around the world are quite numerous, detailed and even different. For details, please refer to the relevant specific laws, regulations or international treaties, and refer to the resources.
It is worth noting that the two basic characteristics of patents are "monopoly" and "openness", and the exchange of "openness" for "monopoly" is the most basic core of the patent system, which represents two sides of rights and obligations respectively. "Proprietary" refers to the exclusive right granted by law to a technology inventor for a period of time; "Openness" means that a technical inventor makes his technology public in exchange for the exclusive right granted by law, so that the public can obtain relevant patent information through normal channels. According to the statistics of the World Intellectual Property Organization (WIPO), 90%-95% of the inventions in the world can be found in patent documents every year, and about 70% of them have never been published in other non-patent documents. Frequently consulting patent documents in scientific research can not only improve the research starting point and level of scientific research projects, but also save about 60% of research time and 40% of research funds.
The meaning of patent
A patent is an invention protected by legal norms. It is an invention-creation that applies to the national examination and approval authority for a patent and is granted the exclusive right to invent within a specified time after passing the examination according to law.
Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee according to law.
The patent right granted by a country according to its patent law is only valid within the jurisdiction of that country and is not binding on other countries. Foreign countries do not undertake the obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China.
The legal protection of patent right has timeliness. The term of invention patent right in China is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application.