1. Can others apply for the same invention patent without permission
Patent The application follows the first-to-apply principle, so it is not possible.
The scope of protection of an invention or utility model patent shall be based on the content of the claims. The description and drawings may be used to explain the content of the claims.
The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.
2. Relevant legal provisions
Article 59 of the Patent LawThe scope of protection of an invention or utility model patent shall be based on the rights The content of the claims shall prevail, and the description and drawings may be used to explain the content of the claims.
The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.
Article 60 of the Patent Law
Implementation without the permission of the patentee If its patent, that is, infringement of its patent rights, causes a dispute, it shall be resolved by the parties through negotiation; if they are unwilling to negotiate or the negotiation cannot be reached, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the person in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice.If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent management department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Through the editor's introduction, we can understand that according to the law, it is not allowed for others to apply for corresponding invention patents without permission, and they should follow I hope everyone understands the principle of applying first. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.
