Here are three things you should know about patents!

 

 

重点词汇

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通用场景

The basics of patents

Step 1 Sort

 

Patent for invention: refers to a new technical proposal for a product, method or improvement thereof

 

A utility model patent means a suitable new technical scheme proposed in respect of the shape, structure or combination of the product

 

Design patent: refers to a new design of a product's shape, pattern or combination thereof, or the combination of color with shape or pattern, which is aesthetically pleasing and suitable for industrial application

 

 

 

2. Conditions of grant

 

Circumstances in which a patent is not granted:

 

Scientific discovery;

Rules and methods of intellectual activity;

Diagnosis and treatment of diseases;

Animal and plant varieties;

Materials obtained by nuclear transformation;

A design that primarily identifies the pattern, color, or combination of the two in a flat print.

No patent right shall be granted for any invention-creation that violates the law, social morality or is detrimental to the public interest.

No patent right shall be granted for any invention-creation that is obtained or made use of genetic resources in violation of the provisions of laws or administrative regulations and relies on such genetic resources.

 

 

3. The rights that can be enjoyed after the patent is granted

 

According to Article 11 of the Patent Law: After the grant of the patent right for invention or utility model, except as otherwise provided for in this Law, no entity or individual may exploit the patent without the authorization of the patentee, that is, make, use, offer to sell, sell or import the patented product for production or business purposes. Or use the patented process and use, offer to sell, sell or import products directly obtained under the patented process.

After the grant of the patent right for design, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, sell or import the products patented for the purpose of production or business.

 

 

 

4. What can be done if different applicants make the same application?

Where two or more applicants apply separately for a patent for the same invention-creation, the patent right shall be granted to the person who applied first.

 

 

 

5. Protection period

 

The term of the patent right for invention shall be twenty years, and the term of the patent right for utility models and the patent right for design shall be ten years, counted from the date of filing.

 

What kinds of patents are there?

1. Invention patent

 

A patent for invention is an exclusive right to a product, a method, or a new technical proposal for its improvement.

 

There are generally three conditions for granting a patent for invention:

 

(1) Novelty. That is, before the date of filing, no similar invention has been publicly published in publications at home or abroad, has not been publicly used in China or made known to the public in any other way, and no patent application documents published after the date of filing for the same invention have been filed with the Patent Office by others.

 

(2) Creativity. That is, compared with the technology available before the date of application, the invention has outstanding substantive features and marked progress.

 

(3) practicality. That is, the invention can be manufactured or used and has a positive effect.

 

 

 

2. Utility model patent

 

A utility model patent refers to a new technical scheme suitable for use which is put forward with respect to the shape, structure or combination of the product.

 

(1) The utility model is limited to products with a certain shape, it cannot be a method, nor can it be a product without a fixed shape.

 

(2) Compared with the creativity of invention patent, utility models value practicality more.

 

(3) The simplified examination and approval procedure is adopted in the examination and approval of utility models, which is much faster than the authorization of invention patents.

 

 

 

3. Design patent

 

A design patent is a new design of a product's shape, pattern, color or combination that is aesthetically pleasing and suitable for industrial application.

 

(1) The design of shapes, patterns, colors or their combination;

 

(2) It must be the design of the appearance of the product;

 

(3) Must be aesthetic;

 

(4) must be suitable for industrial application.

 

How important are patents to the enterprise?

 

 

1. Monopolize the market

 

Any kind of product, as long as the patent right is granted, it is equivalent to having an exclusive right in the commodity market. Without the consent and license of the patentee, no person or enterprise may produce, sell, offer to sell, use or import the patented product.

 

 

 

2. The patented technology may be sold or transferred as a commodity

 

Patent is a kind of intangible material, is a kind of property right, the use of the patented technology must be purchased from the patentee, otherwise unauthorized use of the patented technology is an infringement.

 

Once a pure technology is patented, it becomes an industrial property and intangible assets with value. Except for secret technology, it cannot become an industrial property. Therefore, a technological invention can become an internationally recognized intangible asset only after it has been patented, examined and granted by the Patent Office.

 

 

 

3. Prevent others from copying

 

After a patent is filed, the technology is protected by law, whether it is published in an article, or disclosed at an academic conference or by other means. No one shall, in any form, learn or master this technology through the above-mentioned means, and use it freely.

 

 

 

4. Avoid being preempted by others for patent registration

 

According to the patent law, there should be no open manufacturing, sale or use in China before the patent application date, but it is very difficult to obtain effective evidence afterwards. Therefore, there is a situation that others may apply for a patent for your disclosed product or technology and obtain a valid patent, knowing that you will be liable for infringement.

 

 

 

5. Publicity effect and label effect

 

At exhibitions or public events, patents, like the logo and license of new products, will serve as the qualification and right to display products, otherwise there is a risk of being withdrawn from display. And. In the advertising, the product printed on the patent logo, consumers will feel that the product is reliable, have a sense of trust