How the creativity of Patent rights is reflected
Generally speaking, when applying for invention and utility model patents, When reviewing, first judge whether it is practical, and then judge its novelty and creativity. However, judging from the content of the judgment, the judgment of practicality and the judgment of novelty and creativity are independent of each other and have no connection with each other. Therefore, there is no logical sense whether the practicality is evaluated first or the novelty and creativity are evaluated first. inappropriate.
Usually the examiner looks at the application documents and feels that If it is theoretically possible, it is practical.
Nature of patent rights
1. Exclusivity, exclusivity, also known as exclusivity or exclusiveness. The patentee has exclusive or exclusive rights to the patent rights it owns. No one may use it without its permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights).
2. Temporality, temporality, means that the legal protection of the patent owner is not unlimited, but has a limit. Beyond this time limit, it will no longer be granted. Protection, patent rights immediately become the common wealth of mankind, and anyone can take advantage of it.
3. Regionality, regionality, refers to any A patent right can only be generated in accordance with the laws of a certain region and be protected by law in that region. This is another important legal feature that distinguishes it from tangible property. According to this feature, patent rights obtained under the laws of a country are only protected by law in the field of that country, and are not protected by the laws of that country in other countries, unless there is a bilateral patent (intellectual property) protection agreement between the two countries. Or jointly participated in international conventions on the protection of patents (intellectual property rights).
The above is what the Hualu editor summarized for you Related information, I hope it can help you. This website is committed to building an excellent legal consultation platform. If you still have questions, you are welcome to consult with a lawyer.
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