Comprehensively strengthen patent protection
Currently, there are still many problems in the field of patent protection in my country. The society is concerned about the high cost, Problems such as the long cycle and difficulty in safeguarding rights still need to be solved. In this regard, the State Intellectual Property Office recently issued "Opinions", proposing 33 measures for strict patent protection, including comprehensively strengthening patent protection supervision, accelerating the establishment of a rapid collaborative protection system, promoting the complementary advantages of administrative law enforcement and civil protection, and deepening the rights protection assistance reporting and complaint mechanism. Specific measures——
The State Intellectual Property Office recently issued "Several Opinions on Strict Patent Protection" (hereinafter referred to as the "Opinions"), raising patent protection to a new level again. s level. On November 30, the relevant person in charge of the State Intellectual Property Office interpreted the "Opinions".
Aiming at social rights protection problems
Intellectual property rights are the basic guarantee for stimulating innovation. Protecting intellectual property rights is conducive to Create a good environment for innovation and development. Implement a strict intellectual property protection system, improve the intellectual property protection model with complementary and organic connections between administrative law enforcement and judicial protection, increase the intensity of intellectual property protection, and increase the punishment of intellectual property infringements...a series of policy measures, Raise the protection of intellectual property rights to unprecedented heights.
Protection methods After the Patent rights are infringed, the patentee can take three methods to protect his patent rights.
1. Consultation and negotiation;
2. Request the patent administrative department for mediation;
3. File a patent infringement lawsuit.
How companies protect patents
Patent development and development stage
Strengthen the retrieval and query of patent document information.
Enter a development agreement.
Attach importance to confidentiality during the development and research process.
(1) Establish a confidentiality leadership organization within the enterprise and formulate sound confidentiality rules and regulations.
(2) When an enterprise signs a labor contract with its employees, it should also sign a confidentiality agreement and a non-compete agreement to clarify the scope, means and liability for breach of confidentiality to prevent Leaks of secrets due to personnel movements can cause companies to suffer heavy losses.
Date
When it comes to patent protection period (here specifically refers to Chinese patents), some people will involuntarily think He said that China’s patent protection period has two periods, one is ten years and the other is twenty years. When asked about the source, they all proudly believed that it is stipulated in the law. Our country’s patent law actually does not stipulate the protection period. , it only stipulates the term of the patent (the "Patent Law" stipulates that "the term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application"), this "Term" is not equal to the term of protection; regarding protection, it is also mentioned in our Patent Law. Article 11 of the "Patent Law" After the invention and utility model patent rights are granted, except as otherwise provided for in this law, any unit Without the permission of the patentee, individuals are not allowed to exploit their patents, that is, they are not allowed to manufacture, use, offer for sale, sell, or import their patented products for production and business purposes, or use their patented methods, or use, offer for sale, sell, or import in accordance with Products obtained directly from this patented method. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes. This article is the protection of the patent law. From its wording, we can see that the real starting date of protection is from the date of authorization. In other words, the real protection date is not ten or twenty years, but less than ten years. at this time. The termination date is also mentioned in our patent law. "Patent Law"
For patent rights, the real protection start date starts from the day of grant; In other words, the real protection date of the patent right is this time. The expiration date of patent rights is also mentioned in our patent law. The above is the relevant content collected and compiled by the editor of the Legal Savior Network for you. Please also consult the professional legal advisors of the Legal Savior Network. The Legal Savior Network will provide you with professional legal advice.
