Patent application is a legal system to protect the intellectual property rights of inventions and creations under the conditions of market economy. All inventions with patent conditions should apply for patents as soon as possible in order to obtain legal protection from the state. To apply for a patent, the necessary application documents must be submitted to China National Intellectual Property Administration in accordance with the regulations. To apply for a patent for invention or utility model, a request, specification, patent right, abstract of specification and necessary drawings shall be submitted. To apply for a patent for design, a request, a design picture or photograph, a brief description and other documents shall be submitted. Patent application documents can be written by the applicant himself or by others. 1) Determine the ownership relationship of inventions and creations through legal procedures, so as to effectively protect the achievements of inventions and creations, monopolize the market, and exchange for maximum benefits; 2) In order to take the initiative in the market competition, ensure the safety of our own production and sales, and prevent our opponents from suing us for infringement (suffering high economic compensation, forcing us to stop production and sales); 3) The state has certain supporting policies for patent application (such as patent incentive policy promulgated by the government and high-tech enterprise policy, etc.). ), and will give some policy and economic help. 4) The patent right is protected by the national patent law, and no unit or individual may use it (sue others for patent infringement and claim compensation) without the consent of the patentee. 5) Apply for a patent for one's invention and creation in time, so that one's invention and creation are protected by national laws, and others are prevented from imitating the new technologies and products developed by this enterprise (it constitutes a technical barrier, and others must obtain the consent of the patentee if they want to develop similar technologies or products). 6) If you don't apply for a patent for your invention and creation in time, others will file a patent application for your labor, and in turn, you will be sued for patent infringement by the court or the patent management authority. 7) It can promote the upgrading of products, improve the technical content of products, improve the quality of products, reduce costs, and make the products of enterprises invincible in the market competition. 8) If an enterprise owns a number of patents, it is a manifestation of its strong strength, an intangible asset and intangible publicity (enterprises with independent intellectual property rights are not only powerful enterprises that consumers are eager for, but also the main target groups supported by various government policies). 2 1 century is the era of knowledge economy, and the competition in the future world is the competition of intellectual property rights. 9) Patented technology can be sold (transferred) as a commodity, which has more legal and economic benefits than simple technology transfer, thus realizing its economic value. 10) patent publicity effect is good. 1 1) to avoid the embarrassment of removing the exhibits at the exhibition. 12) patents not only have the above functions, but also have a certain number of patents as important indicators in the listing and other audits of enterprises, such as the qualification audit of high-tech enterprises, the acceptance and evaluation of scientific and technological projects, etc. Patents are also a bridge for the marketization of scientific research achievements. In short, patents can be used as a shield to protect their own technology and products; It can also be used as a spear to attack opponents' aggression. Making full use of the function of patent will greatly promote the production and operation of enterprises.
Legal objectivity:
Chapter VII of the Patent Law Protection of Patent Right Article 59 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the patent claim, and the contents of the patent right may be illustrated by the specification and drawings. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph. Article 60 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).