As a part of intellectual property, patent is an intangible property with characteristics different from other properties.
exclusiveness
That is exclusivity. It means that within a certain period of time (within the validity period of the patent right) and within a certain area (within the legal jurisdiction), no unit or individual may exploit its patent without the permission of the patentee, that is, it shall not manufacture, use, promise to sell, sell or import its patented products for the purpose of production and operation, or use its patented methods and manufacture, use, promise to sell, sell or import its patented products, otherwise it will be an infringement.
regional
Regionality means that the patent right is a right with geographical restrictions and is only valid within the legal jurisdiction. Except in some cases, according to the international convention for the protection of intellectual property rights, if an individual country recognizes the validity of the patent right approved by another country, the technological invention will be granted the patent right applied for by that country, and it is only valid within the scope of the patent-granting country, but it is not legally binding on other countries, and other countries do not undertake any protection obligations. However, the same invention can be patented in two or more countries at the same time, and its invention can be protected by law in all the applicant countries after it is approved.
in time
Timeliness means that a patent is only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed. With the end of the protection period, the invention becomes the public wealth of the society, and others can freely use the invention to create products. The term of patent protection prescribed by law shall be stipulated by the patent law of the relevant countries or relevant international conventions. The patent laws of all countries in the world have different provisions on the duration of patent protection. Article 33 (Intellectual Property Agreement) stipulates that "the term of protection shall not be less than the end of the twentieth year from the date of filing the application".
The patented technology applied for shall meet the following requirements:
Inventions and utility models granted patent rights should be novel, creative and practical.
novel
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
creativity
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
feasibility
To judge, the following conditions should be met:
The patent law stipulates: "Practicality means that an invention or utility model can be manufactured or used and can produce positive effects."
Being able to manufacture or use means that the invention can be manufactured in large quantities in industries such as industry and agriculture, and applied to industrial and agricultural production and people's lives, and at the same time has a positive effect. It must be pointed out here that the patent law does not require that an invention or utility model has been put into production practice before applying for a patent, but it can be realized in the production of industries such as industry and agriculture through analysis and inference.