What is patent duplication? How to avoid patent duplication?
What is patent duplication? Authorized copying refers to two or more inventions. Because the technical scheme composed of main technical features is basically the same or equivalent, it is authorized to apply for a patent alone. Repeated authorization of patents not only infringes the exclusivity of patents, but also undermines the patent contract between inventors and the state or the public. How to avoid patent duplication? What is patent duplication? How to avoid patent duplication? What is patent duplication? How to avoid patent duplication? Judging from the legislative intent, the prohibition of repeated patent authorization is not only the protection of patent exclusivity, but also a way to encourage invention and creation to protect public interests. The same invention-creation lacks novelty in the essential elements of patent authorization. If the same applicant is allowed to apply for a patent for the same invention and creation, the patent protection period will be obviously extended, which not only violates the provisions of the patent protection period, but also harms the public's interests. The principle of prohibiting repeated authorization is the basic principle of patent system in various countries. In order to realize this principle, there are two solutions in the world at present: one is the principle of invention priority, and the patent right will be awarded to the person who completes the invention first; Another way is to apply first, and whoever applies first will be granted a patent right. Since the establishment of the patent system in China, the first application system has been adopted. Article 9 of China's Patent Law stipulates that if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. In the process of examining the application, if another application filed by the same applicant for the same invention-creation has been granted a patent right, and the unauthorized application meets other conditions for granting a patent right, the applicant shall be notified to choose. At this point, the applicant can give up the patent right he has obtained or revoke his unauthorized application. If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. On the other hand, the implementation of the system is insufficient. In other words, China's Patent Law, Detailed Rules for the Implementation of the Patent Law and Examination Guide all contain provisions to avoid patent duplication. In order to avoid patent duplication, measures such as perfecting legislation, standardizing patent examination system and procedure, and applying state compensation system to the infringed can be taken to intensify the crackdown on malicious duplicate applications. What is patent duplication? How to avoid patent duplication? I'll stop here and hope I can help you.