Personally, I think "independent intellectual property rights" is not a strict legal concept. I just want to express my humble opinion on the meaning of the so-called "independent intellectual property rights" commonly seen in the media.
Personally, I think, first of all, patents and other intellectual property rights must be granted through legal procedures before they can be called having intellectual property rights. An enterprise has just invented a new technology, which is really invented by itself, and the technology is absolutely advanced. Can it be called having "independent intellectual property rights"? No, because they didn't apply for a patent at all, and they couldn't get authorization. They don't even have intellectual property rights. How can we say that they have "independent intellectual property rights"?
Can only one or two patents have "independent intellectual property rights"? It's not that our DVD manufacturers don't have their own patents, but that dozens of core patents are controlled by foreign so-called "6C", "3C" and "1C", which is unavoidable and unavoidable. If we want to continue production, we will have to pay a fee without consultation, so we can only accept the alliance of others at the gate. It can be seen that without control, there is still no "independent intellectual property rights". There is a pharmaceutical enterprise in our country, which has completely mastered the core patents and formed the national trial standard on this basis. Foreign manufacturers who once occupied the domestic market almost completely have now almost completely withdrawn from the China market. In the future, including foreign manufacturers, if they want to set foot in China, they must meet this standard, and behind the standard is patent, which is control.
There is technology, and it has not been confirmed by certain legal procedures, so it is impossible to talk about independent intellectual property rights; It has its own intellectual property rights but has no control right, and it is not independent intellectual property rights; Only with the core technology can we dominate the market, not be controlled by others, or even let others be controlled by themselves, which is the real independent intellectual property right.
What is a patent?
Patent is the most basic concept in patent law. There are generally three meanings in society: one refers to the patent right; Second, it refers to inventions protected by patent rights; The third refers to patent documents. For example: I have three patents, that is, I have three patents; The product contains three patents, that is, the product uses three inventions (patented technology or design) protected by patents; I'm going to look up patents, that is, patent literature. The patent mentioned in the patent law mainly refers to the patent right.
The so-called patent right is the exclusive right granted by China National Intellectual Property Administration to the applicant to exploit his invention and creation according to the patent law. After an invention is completed, it will often lead to various complicated social relations, the most important of which is who should own the invention, the scope of rights and how to use it. It is difficult to solve these problems with inventions that are not protected by patents, and anyone can use the contents of this invention after it is leaked. After an invention is granted a patent right, the patent law protects the patent right from infringement. Anyone who wants to exploit a patent must obtain the permission of the patentee and pay the royalties according to the agreement of both parties, otherwise it is infringement. The patentee has the right to ask the infringer to stop the infringement. If the patentee suffers economic losses due to infringement, he may also claim compensation from the infringer. if it is
If the party concerned refuses, the patentee has the right to request the administrative department for patent affairs to handle it or bring a lawsuit to the people's court.
Patent right is a kind of intellectual property right, which is different from tangible property right and has time and geographical restrictions. The patent right is only valid for a certain period of time. After the expiration, the patent right will cease to exist, and the inventions protected by it will become the common wealth of the whole society, and anyone can use them freely. The term of validity of the patent right is stipulated by the patent law. The geographical restriction of patent right refers to the patent right granted by one country, which is only valid within the legal jurisdiction of the granting country and has no legal binding force on other countries. Patents granted by countries are independent of each other.
Patents do not automatically arise with the completion of inventions. The applicant needs to apply to the China National Intellectual Property Administration Patent Office in accordance with the procedures and formalities stipulated in the Patent Law, and the patent can only be granted if it meets the requirements of the Patent Law after being examined by the China National Intellectual Property Administration Patent Office. If the applicant does not apply to the China National Intellectual Property Administration Patent Office, no matter how important the invention is, the patent right cannot be granted.
An invention-creation that has obtained a patent right must be fully disclosed in the patent claim, specification or pictures and photographs, because when an intangible invention-creation is converted into a patent right, the scope of protection must be defined by the patent claim or pictures and photographs, and these disclosed contents are the only basis to support the existence of rights. Instructions, claims, pictures and photographs that record the contents of inventions and creations are the most important parts of patent documents.
Patents usually refer to invention patents internationally. In addition to invention patents, China's patent law also stipulates that there are utility model and design patents. The validity period of invention patents is 20 years from the date of application, and the validity period of utility model and design patents is 10 year from the date of application.