1, the patent has the following three characteristics:
(1) exclusive. Exclusivity is also called monopoly or exclusivity;
(2) timeliness. The so-called temporality of patent right means that the patent right has a certain period, that is, the protection period stipulated by law;
(3) It is regional. The so-called regionality is the space limitation of patent right.
2. Legal basis: Article 42 of People's Republic of China (PRC) Patent Law.
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.
Second, what is the process of individual patent application?
The process of individual patent application is as follows:
1, consulting. Consult patent-related knowledge to understand the basic process and theory;
2. Write technical disclosure;
3, China patent retrieval, pay the retrieval fee first. Initially confirm the novelty of the application content in China patent, in order to prevent infringement of other people's patents in China;
4. Special agent. According to the original materials provided by the applicant, writing the application documents in accordance with the Patent Law, the detailed rules for the implementation of the Patent Law and the examination guidelines;
5. accept. The State Patent Office will send back a notice of acceptance after receiving the application documents mailed or submitted;
6. First instance. The State Patent Office conducts a preliminary examination of the submitted application documents.