It should be noted that patented technology only refers to the technology protected by authorized patents, that is, only refers to the technology protected by patent claims. It cannot be considered that all the technologies recorded in the patent specification are patented technologies, let alone those recorded in unauthorized patent applications.
In addition, it should be noted that the patented technology will become non-patented technology with the end of the patent validity period, or the expired patented technology can be used for free. However, it is necessary to pay attention to whether other related patents are still within the validity period.
Patent mining is the first, and it can be mined from within the enterprise. Many entrepreneurs or technicians usually have a wrong understanding that they can only apply for patent protection if they have a relatively high technical level, a relatively revolutionary breakthrough or a series of research and inventions. This idea is undoubtedly all wet! As long as it is a little technological breakthrough that can solve a class of problems and bring benefits, you can apply for a patent, which can avoid delaying the best time of patent application and causing irreparable losses to enterprises.
Second, you can look at the problem from the shoulders of your competitors. If you can't avoid other people's core patents to develop technology, then you can apply for many related peripheral patents around this core patent, forcing competitors not to develop normally, so as to achieve mutual cooperation and gain benefits.
Third, we should improve the innovation mechanism. It is necessary to train employees of enterprises, deeply understand the needs of existing customers and potential customers, so as to carry out purposeful technology research and development. This is a wise patent mining method, that is, "we will give them what they want."
Basic Classification There are three types of patents in China:
1, invention patent
The definition of invention in the first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of China is: "Invention refers to a new technical scheme proposed for a product, method or its improvement."
The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with simply putting forward a topic or idea, because a simple topic or idea does not have the possibility of industrial application.
2. Patent for utility model
The definition of utility model in the second paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of China is: "Utility model refers to a new and practical technical scheme for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme. However, the scope of patent protection for utility model is relatively limited, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
3. Design patents
The third paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of our country defines appearance design as: "Appearance design refers to a new design with aesthetic feeling and suitable for industrial application, and refers to the shape, pattern or combination of products, as well as colors, shapes and patterns."
Appearance design is obviously different from invention and utility model. Appearance design focuses on the artistic and aesthetic creation of a product's appearance by a designer, but this artistic creation is not a simple handicraft, it must be practical for the industry. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model.
Patent specification is a kind of patent document, which refers to a formal document or its public text that contains title page, claims, specifications and other components, describes the content of invention and creation, and limits the scope of patent protection.
The title page in the patent specification is the file part that reveals the basic information of each patent. The basic patent information disclosed on the title page includes: patent application time, application number, applicant or patentee, inventor, name of invention-creation, brief introduction of invention-creation and main drawings (mechanical drawing, circuit diagram, chemical structural formula, etc.). -If any), the classification number of the technical field to which the invention belongs, the time of publication or authorization, the contribution number, the national institution that published the patent document, etc.
The claim is the part of the patent document that defines the scope of patent protection. There is at least one independent claim in the claims, and there may also be dependent claims.
The specification is a document part that clearly and completely describes the technical content of invention and creation, and the attached drawings are used to supplement the text part of the specification. The provisions of the invention description in the manual are basically the same in all countries. Taking China's patent specification as an example, the specification includes: technical field, background technology, invention content, drawings, examples, etc.
Patent specifications published by some institutions are accompanied by search reports. Search report is a kind of document that Patent examiners can find a file that can be compared with the patent by searching the invention involved in the patent application in the existing technology, and show the search results to the patent applicant and the public. Patent documents with search reports are all application prospectus, that is, patent documents that have not been granted patent rights without examination. The retrieval report is published in the form of tabular report.