Patents for Intellectual Property Lessons
What is a patent, how do I apply for it, and what is it for?
Do you have a lot of question marks?
Now, let us tell you, read on!
1. The concept of patents
Patent is the abbreviation of patent right, which is the right of exclusivity, use, disposal and income of the invention and creation enjoyed by the applicant in accordance with the Patent Law within a certain period of time. It is a kind of property right and a powerful weapon for new products and technologies to monopolize the existing market and seize the potential market in accordance with the law.
2. Classification of patents
In mainland China, patents include invention patents, utility model patents, and design patents.
An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.
Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.
Design refers to a new design that is aesthetically pleasing and suitable for industrial application made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.
3. Application for a patent
Where an application for a patent for invention or utility model is made, a written request, a description and its abstract and claims shall be submitted.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of a person skilled in the art to which it belongs, and shall be accompanied by drawings when necessary. The abstract shall briefly describe the technical points of the invention or utility model. The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.
Where an application for a design patent is made, a written request, drawings or photographs of the design, and a brief description of the design shall be submitted. The relevant drawings or photographs submitted by the applicant shall clearly show the design of the product for which patent protection is claimed.
Fourth, the benefits of applying for a patent
1. Determine the ownership of the rights of the invention and creation through legal procedures, so as to effectively protect the results of the invention and creation;
2. The patent right is protected by the national patent law, and cannot be used by any unit or individual without the permission of the patentee;
3. Patents are the intangible assets of an enterprise, and the number of patents reflects the innovation ability and technical strength of an enterprise;
4. Patented technology can be sold (transferred) as a commodity, which has more legal and economic benefits than simple technology transfer, so as to achieve the realization of its economic value.
Tips for patent knowledge
1. How long is the term of the patent right?
The term of an invention patent right is 20 years, the term of a utility model patent right is 10 years, and the term of a design patent right is 15 years, all of which are calculated from the filing date.
2. When will the annual patent fee be paid?
The patentee shall pay the annual fee from the year in which the patent right is granted.
3. What are the patent application procedures?
According to the Patent Law, the examination and approval procedure for an invention patent application consists of five stages: acceptance, preliminary examination, publication, substantive examination and grant.
Utility model and design applications are not subject to early publication and substantive examination, and there are only three stages.
4. What are the circumstances under which a patent will not be granted?
(1) scientific discoveries;
(2) rules and methods of intellectual activity;
(3) Methods of diagnosis and treatment of diseases;
(4) animal and plant varieties;
(5) nuclear transformation methods and substances obtained by nuclear transformation methods;
(6) The design of the pattern, color or combination of the two of the two is mainly used for identification.
Source: Intellectual Property Section