Answer: After the patent application is successfully registered, it is exclusive, exclusive, and protected by law! If after a patent is applied for, someone uses the patent without permission or authorization, they will be legally responsible. Patent owners can safeguard their rights through legal and administrative means.
Related knowledge:
Protection strategies in the patent application stage
After the company has approved the patent application and has the patent right, it should pay more attention and seriously consider the issues The question is: how to fully and effectively apply this patent so that the company can gain an advantage in the competition and realize the industrialization of the patented technology. At present, there are usually several ways to industrialize an enterprise's patented technology: the enterprise implements the patented technology on its own, produces and sells patented products, and improves the scientific and technological content of its products, thereby improving its market competitiveness; Transfer patented technologies that have little impact on technological development in order to obtain patent transfer fees; sign patent implementation licensing contracts with others; invest in patented technologies that the company is unable to develop on its own, such as joint ventures with others, technology shares, etc., to fully realize the patent economic benefits.
In the patent application stage, enterprises should pay attention to the following aspects when protecting patents:
1. Maintain patent validity.
Paying patent annual fees on time and maintaining the validity of patent rights are the prerequisites for enterprise patent protection. After obtaining patent rights, some companies stop paying fees due to temporary setbacks in the implementation of the patent and little profit, causing the patent rights to be terminated by the patent management agency. Later, I found out that other companies were making huge profits by manufacturing patented products. I regretted it very much, but there was no way to remedy it. Therefore, companies should carefully consider whether to stop paying fees and give up patents, and should not cause a large loss of corporate assets due to temporary mistakes.
2. Sign a legal and valid contract with clear rights and obligations.
In the process of patent transfer, licensing and investment, enterprises should pay attention to the conclusion of contracts, so that on the one hand, the contract can ensure the smooth progress of the transfer, licensing or investment, and on the other hand, it can protect the enterprise when disputes occur. legitimate rights and interests, and resolve disputes as soon as possible. To this end, enterprises should pay special attention to the determination of liability for breach of contract, the establishment of dispute settlement clauses and the completeness of relevant patent technology clauses. At the same time, they should pay attention to the operability of contract clauses.
3. Follow-up research on patented technology.
The 21st century is a century of knowledge economy. The development of science and technology is changing with each passing day. In the process of applying patented technology, enterprises should also strengthen the protection of patents based on market demand and the continuous improvement of the enterprise's technical capabilities. Follow-up research on technology in order to upgrade patented technology and ensure the technical content and competitive advantage of the company's products.
Protection strategies in the relief stage of patent infringement
When patent rights are infringed and legitimate rights and interests are damaged, can the company take timely measures to effectively stop the infringement and obtain Reasonable compensation is of great significance to enterprises.
Enterprises should pay attention to the following aspects when protecting their patents during the patent infringement relief stage;
1. Identification and detection of patent infringement.
To stop others from infringing, you should first learn to identify infringements. According to the provisions of my country's Patent Law, patent infringement must meet the following two elements:
(1) Patent infringement must involve actual infringement. That is, the infringer has carried out the act of manufacturing, using, selling, or importing patented products or using patented methods or using, selling, or importing products directly manufactured by such methods without the permission of the patentee. The newly revised "Patent Law" has added the provision of "promise to sell", and the act of promising to sell patent infringing products is also defined as patent infringement.
(2) Infringement of patent rights must be illegal. Not all acts that infringe upon the patentee's patent rights without the consent of the patentee are patent infringements, such as use for scientific research and experimental purposes, use by prior users, bona fide use and sale of certain patented products, and compulsory licensing. Activities such as and plan licensing are activities that are not considered patent infringement under the Patent Law.
Only when the above two requirements are met, the behavior constitutes patent infringement, and the patentee can stop the infringement and demand compensation.
To prevent others from infringing, and secondly, to discover infringements in a timely manner, companies need to pay attention to the collection of various market information and market dynamics; at the same time, they must strengthen the monitoring of market products, especially those of their peers. , Monitoring of products put on the market by competitors. In this way, patent infringements can be discovered in a timely manner and measures can be taken to stop them and minimize corporate losses.
2. Handling of patent infringements.
According to the provisions of my country’s Patent Law and practical experience, after discovering patent infringement, enterprises can adopt the following three solutions:
(1) Reconciliation between the two parties. The patentee can first send a warning letter to the infringer, pointing out the fact of the infringement, so that it can stop the infringement and compensate for the losses. , or sign an implementation license contract through consultation and negotiation with the other party.
(2) Apply to the patent management authority for investigation and processing. The patentee may directly request the patent management agency to handle the patent infringement dispute if it is unable to reconcile with the other party, or without reconciliation.
(3) File a lawsuit in the People’s Court. Patent owners can also resolve patent infringement disputes through litigation and safeguard the legitimate rights and interests of enterprises.