Literally, the "Patent" which means the proprietary interests and rights. Patent (patent) from the Latin word Litterae patentes, meaning open letters and public documents, the medieval monarch issued a privilege to prove himself later refers to the King of England the exclusive right to sign the certificate. English "Patent" includes the word "monopoly" and "open" two aspects of meaning, and the modern legal sense of the basic features of the patent is consistent. Overview of patent analysis: A patent is the world's largest technology information source, according to empirical statistical analysis, the patent includes the world's scientific and technological information for 90% -95%. But far from being such a huge information resources been fully exploited. In fact, business organizations, patent is the company's competitors had only disclosed to the public in other places not to disclose certain key information areas. Therefore, competitive intelligence analyst, through careful, rigorous, comprehensive, relevant analysis, can be obtained from the patent literature a wealth of useful information, for a public patent information used by the enterprise to achieve its unique economic value. In China, the meaning of the patent, there are two: 1, the use of spoken language, simply refers to the exclusive. For example, "This is not your patent"; 2, the triple meaning of intellectual property, more confusing. First: the patent referred to, refer to the patentee for the invention entitled to patent, that the state law in a period of time granted for inventions the creator or the recipient of their rights following the exclusive right to use their inventions, the emphasis here is right . Patent is an exclusive right that has exclusive rights exclusive. Non-patent holder in order to use other people's patented technology, required by law to consent of the patentee's authorization or permission. Third: refers to the Patent Office issued confirmation of the applicants to have the invention patent or patent rights of inventions refers to the content recorded in the patent literature, refers to the specific material file. Here, although the meaning of the patent is different in meaning the first two, but they are invisible, the third meaning is the physical and material means. "Patent" the word can only refer to one of the means, or contains more than two means, look at the context of the specific situation must be linked. The "patent" concept in life that generally people in general: it is based on the invention by the patent office issued a document application by the contents of this document describes the invention and produce a legal status, that is, the gain patented invention under normal circumstances only with the patent owner's permission to use (including manufacture, use, sale and import, etc.). As the patent relates to the naked interests of the world patent-related knowledge, laws and regulations even considerably more varied and detailed, to understand all the details through the relevant specific laws, provisions or international treaties, other see reference . The meaning of patent A patent is protected by laws and regulations invention, it is a national examination and approval authority to the invention patent applications, according to the law after passing the examination in the patent granted to the applicant within the time prescribed for the exclusive enjoyment of the invention rights. Patent is an exclusive right that has exclusive rights exclusive. Non-patent holder in order to use other people's patented technology, required by law to consent of the patentee's consent or permission. A country in accordance with its patent laws grant the patent, only in the country within the jurisdiction of the laws in force in other countries do not have any binding force, foreign Duiqi not assume the obligation to protect patent rights, if an invention is only in our country to obtain patents, then patent holders have exclusive rights only in our country or proprietary. Has been concentrating on the legal protection of patents, invention patents in China for a period of two years, utility model patents and design patents for a period of ten years, counted from the date of filing. Patent No. ZL must begin The two most basic features of the patent is the "exclusive" and "open" to "open" in exchange for "exclusive" is the basic core of the patent system, which represent the rights and obligations of both sides. "Exclusive" means the law gives the inventor the exclusive period of time the exclusive rights; "open" refers to the inventor as its exclusive rights conferred by law and will return for its technology publicly available, bringing the general public through normal channels of information about patents. According to WIPO (World Intellectual Property Organization, WIPO) concerning statistics show that worldwide each year 90% -95% of the invention results can be found in the patent literature, of which about 70% of the inventions never In other non-patent literature published, scientific research is often access to patent documents, research studies can improve not only the starting point and level, but also can save about 60% of research time and 40% of research funding.
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China Patent type
1, invention patents in China, "Patent Law Implementing Regulations," Article the first definition of the invention: "Invention is the product, process or improvement of the proposed new technical solutions." The so-called industrial product is capable of producing a variety of new products, including a certain shape and structure of solids, liquids, gases and the like items. The so-called method is the processing of raw materials, products made from a variety of ways. Patent does not require it is proven to be directly applied to industrial production and technological achievements, it can be a solution to solve technical problems or as an idea, with the possibility of industrial application, but can not This technology programs or ideas and simply make the subject, mixed with the idea, simply because of the subject, do not have the vision to the possibility of industrial application. 2, the utility model patent China's "Rules for the Implementation of the Patent Law," Article 2.2 of the utility model is defined as: "utility model refers to the product's shape, structure, or combination of the proposed new technology for practical solutions." The same invention as utility model protection is a technology solutions. However, the scope of utility model patent protection than the board under tiles on roof, it will protect a certain shape or structure of the new products do not protect methods and no fixed shape of the material. Utility model is more emphasis on practical technical solutions, the technology level than the invention, is lower, utility model patent protection in most countries are relatively simple to improve its technical invention, can be called "small inventor." 3, the design patent China's "Rules for the Implementation of the Patent Law," Article 2.3 of the design is defined as: "design is the product shape, pattern or their combination, as well as color and shape, pattern and made an aesthetic feeling for industrial application new design. "
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Patented features
Patents are part of intellectual property is an intangible property, and other property have different characteristics. (1) exclusive. It refers to the same invention in a certain area within any other person can not be unauthorized manufacture, use and sale, or are violations. Patent does not actually have a strict exclusive. (2) regional. Regional is a regional patent is a right to limit the scope of its jurisdiction only if the law is valid. In addition, in some cases, Yiju international conventions protecting intellectual property rights, and ratification by individual countries to recognize another's patent rights effective outside the country in which technical invention patent application, grant a patent on the country, and only conceding State in the patent It is effective, while other countries are not legally binding, other countries do not undertake any obligation to protect. However, the same invention can in two or more countries to apply for patents granted after the invention can be applied in all countries access to legal protection. (3) timing. Timing is the only patent within the period stipulated in the law to be effective. Effective patent protection period after the end of the patentee's patent rights will be enjoyed by automatic loss, generally can not renew. With the term of protection of the invention will become public the end of the wealth of others will be free to use the invention to create products. Patent protected by law the length of the period of patent law by the State or relevant international conventions. Currently the world's patent law provides for patent term of protection varies. (TRIPS) Article 33 of the patent "protection period of not less than from the filing date of the end of the second decade." (4) enforceable. In addition to the United States and a few countries, most countries require that the patentee must in a certain period of time in the country where protection is implemented in its patents, manufacturing products that use patented technology or transfer of its patents. Patent is actually an individual or business with the state signed a special contract, the cost of personal and public technology companies, the state is allowed a certain time the cost of monopoly rights. (5) exclusive. Exclusivity is pointing his invention the patentee shall enjoy the exclusive rights.
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Patents Tips
1, "priority" mean? The principle of priority from the 1883 Paris Convention for the Protection of Industrial Property, the purpose is to facilitate the nationals of States parties in their own application for a patent or trademark application to other States Parties. The so-called "priority" refers to the applicant in a Contracting State after the first application, to a certain period of time on the same topic to other States to apply for protection, its application in the post can be considered in some respects is the first application made on the date of the application. In other words, within a certain period, after the applicant's application and in other applications in its first day after the application made by the same subject than to enjoy priority, and this is the origin of the term priority. 2, What is the importance the date of application? According to the "Patent Law" provisions of Article 28, patent administration departments received the patent application documents the date of filing. If the application documents are mailed, the postmark date of filing. The legal filing date of great importance: it determines the time of submission has, in accordance with the principles of the first application, the same content in multiple applications, the applicant who has decided to grant patents; it identified the current skilled retrieval time limit, which applied in the review of the decision of whether the patent at stake; filing date is a series of important deadlines in the review process of the starting date. 3, the patented real terms? "Patent Law" Article 22 states: patented inventions and utility models, must possess novelty, inventiveness and practicality. Novelty, is before the date of filing, no identical invention or utility model in the domestic and international publications published before, in the country publicly used or otherwise known to the public, no identical invention or utility model by others patent administration department under the State Council put forward an application and publication record in the application after the patent application document. Inventiveness means that, with the technology existing before the date of application compared to the invention has prominent substantive features and notable progress, the utility model has substantive features and represents progress. Practical applicability means that the invention or utility model can be made or used, and can produce positive results. So, with novelty, creativity and practicality are granted for inventions and utility model patents substantive conditions. Meanwhile, the "Patent Law" Article 23 states: patented design, the same should apply at home and abroad before the date of publication or been published on domestic public used the same design and not or similar to, and shall not with others to achieve the legitimate rights of prior conflict. This is a design patent granted substantive conditions.
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Patent application process
(1) The patent application process Application -> preliminary examination -> Open -> substantive examination -> granted patent (2) The utility model and design the application process Application -> preliminary examination -> granted patent
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Authorities accepted the patent application
State Intellectual Property Office is the only authority entitled to receive patent applications. State Intellectual Property Office has a representative office in Shanghai, the processing of patent application documents, the collection of royalties.
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Patent application documents shall be submitted
Patent applications must be submitted in writing legal documents, and fill in accordance with the provisions of the uniform format. Different types of patent applications, need to prepare for different files. (1) patent application, the application documents should include: patent request, description (if necessary, should have photos), claims, abstract and drawings in duplicate. (2) The application for utility model patents, the application documents should include: a utility model patent request, description, specification drawings, claims, abstract and drawings in duplicate. (3) application design, application documents should include: design patent request, drawings or photographs, each in duplicate. For the protection of color, shall also submit color and black and white drawings or photographs of each one. Such as pictures or photographs should be noted, a brief description of the design shall be submitted in duplicate. The cost of patent 1, the agency apply for a patent, the applicant need to pay agent fees and official fees. 2, the amount of agency fees apply technical field based on the ease and size of the workload by the applicant after consultation with the agency. 3, the official fee is the cost to the State Intellectual Property Office. A first official fees, including application fee and examination fee to apply the invention, the amount (RMB): patent application fee of $ 950 (including printing costs $ 50); utility model patent application costs 500 yuan; 4, the design patent application fee of 500 yuan; invention application review fee $ 2,500. 5, to obtain and maintain patent, the applicant needs to apply for the Patent Office within a few years after the patent annual fees to pay costs. 6, the Patent Office may on some of the costs (application fee, examination fee to apply the invention, the invention application maintenance fees, review fees and annual license fee after five years) to implement the applicant is really difficult to slow down. Applicant as a unit, and can slow down the cost of 70%, the applicant is an individual, can reduce the cost of 85%. Patent-pending approach Path 1: check for new - familiar with the basics of patent - drafting patent documents (you can find someone else to write) - submit an application, the State Intellectual Property Office, and pay. Path 2: check for new - looking for patent agents - Contributions. Invention and non-service invention is how to define it? China's "Patent Law" Article VI: "The task of the implementation of this unit or the unit is the use of the material and technical conditions of an invention for the service invention-creation. Patented invention-creation of the right to belong to the unit; application is approved The unit is the patentee. Non-service invention-creation, patent rights belong to the inventor or creator; application is approved, the inventor or the patentee. Use of the material and technical conditions of the unit completed the invention, the unit with the inventor or creator, a contract of patent rights and patent rights to the ownership agreement, the agreement shall prevail. " "Patent Law" referred to in Article VI of the implementation of this unit to complete the task of creating the invention, means: (1) in their own work to make the invention; (2) the performance of this unit outside of the delivery of their own work made the task of the invention; (3) resignation, retirement or transfer made within one year of work, with its own commitment in the original unit of work or tasks assigned to the invention. "Patent Law" referred to in Article VI of the unit, including temporary work units; "Patent Law" referred to in Article VI of the unit's material and technical conditions, is the unit of money, equipment, spare parts, raw materials or technologies are not open to the public information. How to determine whether confidential review of patent applications? What is a patent first with the right Patent agency inspection methods In order to strengthen management of patent agencies, patent agents regulate behavior, to protect the legitimate rights and interests of patent agents to guide the healthy and orderly development of the industry, according to "Regulations on Patent Commissioning," and the relevant provisions of the development of this approach. The second Chinese Patent Office for patent agency qualification, business conditions and disciplinary matters such as the annual inspection. Patent administrative authorities and the All-China Patent Agents Association in accordance with these do accordingly. Article 3 by the Chinese Patent Office granted a patent to establish or _set_ up a business should attend the annual inspection agency. Chinese Patent Office for a patent through the annual inspection agency to be registered. Article patent agency inspection include: (A) the patent agency qualification and registration key issues; (B) the patent agency business carried out; (C) the patent agency practice of discipline; (D) the financial audit of the patent agency; (E) of patent agents; (F) training of patent agents; (G) shall be annual and other content. Article patent agency shall submit the following annual inspection materials: (A) the annual registration form the patent agency; (B) the work report of the patent agency; (C) a certified copy of registered patent agents; (D) Patent Agent Work Permit; (E) Audit reports; (6) Other required filings. Sixth report on the work of patent agencies should fully reflect the patent agency within two years of operations, practice discipline, internal management reports and other necessary matters. Article provinces, autonomous regions and municipalities patent administrative authorities (hereinafter referred to as the local patent administrative authorities) should be combined with the actual situation in the region, the organization and the patent agency inspection work. Article in accordance with the provisions of the patent agency shall fill out the "patent agency annual registration form" and get ready the material responsible for the content of the material should be reviewed by people and make organizations self-identify timely submitted to the local patent offices. Article IX of the annual foreign-related patent agency submit materials directly to the Chinese Patent Office. Article local patent administrative authorities of the patent agency, the annual review and sign an opinion material, may also need to verify the contents of the material. Views of the inspection signed material should be promptly reported to the Chinese Patent Office. Article XI commissioned by the Chinese Patent Office of China Patent Agents Patent Attorneys Association, the professional ethics and practice discipline, business training and other matters of inspection. All-China Patent Agents Association annual patent agent through a work permit stamped "annual inspection" chapter, and the annual inspection report to the China Patent Agents Patent Office. Article 12 The Chinese Patent Office for patent agencies reported annual review of materials in accordance with regulations. When necessary, the Chinese Patent Office for patent agency can verify. By the inspection agency by the Chinese Patent Office patent patent agent registered in the certified copy stamped "annual inspection" chapter. Article XIII did not pass the annual inspection by the Chinese Patent Office a patent agency to make warnings under the circumstances, revoke the punishment. Article XIV justification fails to participate in annual patent agency shall be deemed not pass the annual inspection. Article XV for the first time to participate in the annual inspection of the patent agency, through the annual registration after receiving a certified copy of the patent agencies and patent agency identification card. Article XVI of the patent agency inspection every two years. Inspection time for the annual inspection of February 1 to June 30. Article XVII Chinese Patent Office a patent agency shall be annual results announcement. Article 18 These Measures shall be interpreted by the Chinese Patent Office. Article 19 These Measures shall come into operation on the date of publication.
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Encyclopedia
Patent Generally refers to a technology patented inventor shall apply to the relevant authorities Please, upon examination that the invention meet the conditions prescribed by law, the inventor of a grant Exclusive rights. Patented inventor, in a certain period, certain areas of the The invention alone to enjoy the use, manufacture and sale of products privileges, and then sell their hair, Those who want to use the patent for the production or sale of products manufactured using the patented Who are subject to prior approval of all patent license and pay the person a certain newspaper Pay. Without the consent of the patent owner, unauthorized use of others, patent, is illegal, to Subject to legal action. China on March 12, 1984 promulgated the "Republic of China Patent Law ", April 1, 1985 was introduced from China to establish a patent system. The basic content of the patent system is based on patent law, patent inventions, after Review and approve the grant of patents, while the contents of an invention patent made public in World for information exchange and paid inventions technology transfer. In China, the special criminal protection The object is to protect inventions, including inventions, utility models and designs. Invention refers to the Product, process or improvement of the proposed new technical solutions, can be divided into hair products Ming and methods of the invention, the invention is the patent protection of the most important objects. Utility model, also known as a small hair That refers to the product's shape, structure, or their combination for the proposed new practical Technical solutions. Design is the product of the shape, pattern, color, or their combination Make an aesthetic feeling and is fit for industrial application of the new design. However, the violation of state law Law or social morality or detrimental to public interest and the following inventions shall not be granted Patents, including scientific discoveries, rules and methods for mental activities, disease diagnosis and treatment Treatment methods, food, beverages and spices, drugs and substances obtained by chemical methods, moving Animals and plants species, obtained by means of nuclear transformation of material. The basic features of the patent are: ① legitimacy. Patent is the way the law requires Order, upon application, approval and subject to legal protection granted to an industrial property. ② exclusive, Also known as the exclusive ratio. In addition to state expropriation of patent law, only people have to use patents, the system Manufacturing or transfer their patent rights. Other small, are not allowed to use the patentee's patent, Otherwise constitute patent infringement, and to be punished by law. ③ area to live. The effectiveness of patent protection by law, usually limited to the countries of the patent granted or a Area. Therefore, the enjoyment of patent rights is limited. Therefore, if the inventor in order to Dry countries, so that his invention is protected, it must apply for patents in several countries. No Is, in other countries not protected by law (a member to participate in the Patent Cooperation Treaty Of patent protection from this restriction, see the "Patent Cooperation Treaty))). ④ timing. Special Interest protected by law is a time limit. Currently, countries in different period of patent protection, Long or short. "Patent Law" stipulates that the date of application, hair Out patents for a period of 15 years; utility model and design patent period is 5 Years, before the expiry of the patent owner can apply for renewal for 3 years. ⑤ enforceable. Of the patentee was Was patent, in addition to the United States, the Soviet Union and other countries are not required to implement a few, most of the country Home are required to apply for countries in the implementation of the transfer of manufacturing products or patents, to let others make Use.
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