Patent right means that the patentee enjoys the exclusive right to use, benefit and dispose of his invention and creation within the scope prescribed by law, and excludes others from interfering.
Classification: Internationally, patents generally refer to invention patents. According to the provisions of China's patent law, patents are divided into inventions, utility models and designs.
1, invention patent
Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement. Invention is a technical scheme that people use the laws of nature to solve various problems in production and life. Inventions can be divided into two types: product inventions and method inventions. Product invention refers to the invention of new products or new substances. Method invention refers to the invention of methods and steps to solve specific technical problems. If an application for a patent for invention meets the requirements stipulated in the Patent Law after examination by China National Intellectual Property Administration, it shall be granted a patent right for invention.
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2. Patent for utility model
The utility model mentioned in the patent law refers to a new technical scheme for the shape, structure or combination of products. The difference between utility model and invention: first, utility model is limited to products with certain shapes, and it cannot be methods, such as production methods, test methods, treatment methods and application methods; Second, the utility model should not be too creative, but it should be practical. In view of the latter feature, people generally call it an invention. If the application for a patent for utility model meets the requirements stipulated in the Patent Law after examination by China National Intellectual Property Administration, the patent right for utility model shall be granted.
3. Design patents
The term "design" as mentioned in the Patent Law refers to a new design based on shape, pattern or their combination, as well as the combination of color, shape and pattern, which is full of aesthetic feeling and suitable for industrial application. Both design and utility model can involve the shape of the product, but utility model is a technical scheme, and the shape involved is related to the technical effect and function of the product. Design is a design scheme, and the modeling involved is related to the aesthetic feeling of the product. If the application for a patent for design meets the requirements stipulated in the Patent Law after examination by China National Intellectual Property Administration, the patent right for design shall be granted.
Subject of patent right:
That is, the patentee refers to the natural person or legal person who enjoys the patent right according to law within the validity period of the patent.
Object of patent right:
Including invention patents, the use of new patents and design patents.
Contents of patent right:
Including the rights of the patentee (two aspects: exploiting the patent by himself and licensing or forbidding others to exploit the patent) and the obligations of the patentee (paying the annual patent fee, disclosing the patented technology to a certain extent, and licensing others to exploit the patent by themselves within a certain period of time).
Conditions of patent right:
Including substantive conditions and formal requirements. Substantive conditions are divided into prohibitive conditions (not violating national laws, social morality or obstructing public interests; The fields that can't be patented are: scientific discovery, laws and methods of intellectual activities, methods of disease diagnosis and treatment, animal and plant varieties, substances obtained by nuclear transformation) and substantive elements (that is, the three characteristics of patents, namely novelty, creativity and practicality); Formal requirements mainly refer to the application procedures. In China, the early public deferred examination system is adopted for invention patents, and the formal examination system is adopted for new patents and design patents.
Principles of patent application:
1, principle of first application
2. Priority principle
3, the principle of oneness
4. The principle of writing
Duration of protection of patent right:
The protection period of invention patents before 1993 is 15, and the protection period of new patents and design patents is 5 years, and an extension of 3 years can be applied after the expiration; After 1 99365438+1October1,the protection period of invention patents is 20 years, and the protection period of new and design patents is 10 years, without extension.
Revocation and invalidation of patents:
All belong to the patent supervision procedure. If it is considered that the granted patent does not conform to the provisions of the Patent Law, it may request the Patent Office to revoke the patent right within 6 months after the patent is granted; Where a patent is granted after six months, it may request the Patent Reexamination Board to declare it invalid.