First, in the theory of patent law, the word "patent" is used in different contexts and has different meanings. There are three main meanings:
1. Patent refers to the exclusive right enjoyed by the patentee for his invention and creation according to law. In this sense, the word "patent" is equivalent to "patent right", such as "patent" in "patent of a certain technology", which means patent right.
2. Patent refers to the invention-creation itself that has been granted patent right. In fact, it refers to the objects protected by patent law, that is, inventions, utility models and designs themselves.
3. Patents refer to patent documents containing inventions and creations. For example, the patent in "patent search" refers to patent literature. The word "patent" is most widely used in the first sense. The word "patent" used in many occasions actually means patent right.
Two, in China, the conditions for applying for a patent for technological invention are:
1, novelty. Before the filing date, no identical invention was publicly published in domestic and foreign publications, publicly used in China or known to the public in other ways, and no identical invention was filed with a patent institution by others and recorded in the patent application documents published after the filing date.
2. Creativity. Compared with the prior art before the filing date, the invention has outstanding substantive characteristics and remarkable progress.
3. practicality. The invention can be manufactured or used, and can produce positive effects. In order to promote technological progress, countries have stipulated the term of patent right, which is generally 10 ~ 20 years. After the expiration of the patent right, the patent will be owned and used by the society. The implementation of the patent system is conducive to encouraging inventions, popularizing advanced technologies and introducing foreign advanced technologies.
Three, the role of the patent system mainly has the following aspects:
1, in order to effectively protect the invention, the inventor applies for a patent for his invention, and the patent office makes the invention public according to law, grants a patent, gives the inventor the exclusive right to his invention within a certain period of time, and protects the invention as a property right according to law;
2, it can encourage citizens and legal persons to engage in the enthusiasm of invention and creation, give full play to the intelligence of the whole nation, and promote the rapid development of national science and technology;
3. It is conducive to the popularization and application of inventions, promoting the transformation of advanced science and technology into productive forces as soon as possible, and promoting the development of the national economy; Fourth, promoting the publicity and dissemination of inventions and technologies to the whole society and avoiding repeated research and development of the same technology are conducive to promoting the continuous development of science and technology.
legal ground
patent law of the people's republic of china
Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.