First of all, let's look at the modification and comparison of clockwork:
Second, modify the interpretation.
The fourth revision of the patent law can be said that the biggest revision is aimed at appearance patents, mainly in three aspects. One is the definition of appearance patent, that is, the introduction of some concepts of appearance patent; Secondly, the protection period of appearance patent is changed from 10 year to 15 year; Finally, the domestic priority of appearance patents has been increased, which is in line with international standards.
The modification details are as follows:
1. Add local design protection. In the revision of the fourth paragraph of Article 2 of the Patent Law, local design is explicitly added, allowing some parts of the product to be improved in the practice of design innovation, so as to obtain the protection of design patents. The local design innovation of products conforms to the habit of product design innovation of enterprises and also adapts to the law of design development. Moreover, the United States, Japan, Europe, South Korea and other major countries and regions protect local design, which conforms to the needs of enterprises and international practices, and can enable China enterprises to make better use of the rules, further explore the international market and improve their international competitiveness.
2. Extend the protection period of the design patent. According to Article 42 of the Patent Law, the protection period of design patents is extended from 10 to 15, which not only meets the needs of enterprises to apply abroad, but also meets the diversified needs of innovators for the protection period, and also creates conditions for China to join The Hague Agreement on the International Registration of Industrial Designs.
3. Increase the domestic priority system of design patent application. The second paragraph of Article 29 of the Patent Law increases the domestic priority of the design patent, and makes it clear that the applicant who filed a patent application on the same subject in China within six months from the date when the design was first filed in China can enjoy the priority, thus reducing the application cost and giving the design applicant the opportunity to further improve the design and adjust the scope of protection. Paragraph 2 is added to Article 30, which stipulates the materials and time limit to be submitted for claiming the domestic priority of the design patent. This also corresponds to the new content of article 29.
4. Increase the open license of patents. Article 50 of the new patent law stipulates that the patentee may declare in writing that any unit or individual is allowed to exploit his patent, and clearly implement and stipulate the payment method and standard of the license fee. This aspect is not only for appearance patents, but also for all patents, but for appearance and utility models, patent evaluation reports are clearly required. This patent opening license is also a major reform of the new patent law, which greatly promotes the implementation cost of patent license and provides a simpler way for the promotion of patented technology.
Third, summary.
The fourth revision of the Patent Law, which was implemented on June 1 20265438, is indeed a great advantage for design patents. It not only expands the protection scope of design, adds new local design patents, but also extends the protection period of design patents and increases the domestic priority of design patents, so that the design of design patents can be better protected.
More interpretations of the new patent law continue.