1. Determine the ownership of rights of inventions and creations through legal procedures, thereby effectively protecting the results of inventions and creations and monopolizing the market in exchange for the greatest benefits;
2. In order to compete in the market We must take the initiative to ensure the safety of our own production and sales, and prevent our opponents from suing us for infringement of patents (suffering high financial compensation and forcing us to stop production and sales);
3. The state has strict control over patent applications. Certain support policies (such as patent incentive policies promulgated by the government, and high-tech enterprise policies, etc.) will provide some policy and economic assistance.
1. Patent rights are protected by the national patent law. No unit or individual can use it without the consent of the patentee (sue others for patent infringement and ask for compensation).
2. Apply for patents in a timely manner for your inventions and creations, so that your inventions and creations can be protected by national laws and prevent others from imitating new technologies and products developed by your company (which constitutes a technical barrier. If others want to develop similar technologies, Or the product must obtain the consent of the patentee).
3. If you do not apply for a patent in time for your invention and creation, others will file a patent application for the fruits of your labor, and in turn sue you for patent infringement to the court or patent management agency.
1. It can promote the upgrading of products, improve the technical content of products, improve product quality, and reduce costs, making the company's products invincible in market competition.
2. If an enterprise owns multiple patents, it is a reflection of its strong strength, an intangible asset and intangible publicity (enterprises with independent intellectual property rights are not only powerful enterprises that consumers flock to, but also important enterprises for various government agencies. The main target group supported by this policy), the 21st century is the era of knowledge economy, and the future competition of the world is the competition of intellectual property rights.
3. Patented technology can be sold (transferred) as a commodity, which has more legal and economic benefits than pure technology transfer, thereby achieving the realization of its economic value.
1. Patent publicity is effective.
2. Avoid the embarrassment of removing exhibits at the exhibition.
1. In addition to the above functions of patents, having a certain number of patents is also an important indicator in enterprise listing and other reviews, such as: high-tech enterprise qualification review, acceptance and review of technology projects, etc. , Patents also play a bridging role in the marketization of scientific research results. In short, patents can be used as a shield to protect one's own technology and products; they can also be used as a spear to combat infringement by opponents. Making full use of various functions of patents will greatly promote the production and operation of enterprises.
Generally, the following issues are involved:
① For inventions that violate public order and morality, patents are generally not granted. However, the application of this provision is closely related to the class essence of the country.
②Scientific discoveries and basic principles of natural science cannot be directly applied in industrial and agricultural production, so patents are not granted. Many countries grant rewards under special laws (see Rights of Discovery).
③ Certain material inventions, such as substances obtained by chemical methods, substances obtained by nuclear transformation methods, and food and beverages, etc., are not patented in most countries, but a few industrially developed countries grant patents. . The manufacturing method can also generally be patented.
④ Many countries do not grant patents for new varieties of animals and plants, but a few countries require the granting of patents.
⑤Diagnostic medical methods and drugs are also patented by a few countries.
⑥Computer programs (software) are patented by very few countries.
Some countries that implement the invention patent system also adopt utility model and design protection forms. Utility models refer to innovative designs made on the shape, structure or combination of items, also known as "small inventions" and "small patents". Its characteristics are that it has lower requirements for inventions, simpler application and approval procedures, less fees, and a shorter protection period. Only a few countries and regions adopt utility model protection, such as the Federal Republic of Germany, France, Japan, Italy, Spain, Portugal, Poland, the Philippines, Uruguay, etc.
Appearance design, also known as industrial design, refers to a design of a product's shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial applications. According to statistics from the World Intellectual Property Organization in 1976, there were 61 countries that adopted design protection. Some countries stipulate it in the patent law (such as the United States and Thailand), and some countries have separate regulations in addition to the patent law (such as the Federal Republic of Germany and Japan). China's Patent Law clearly stipulates the protection of utility models and designs.