1. How to determine whether disclosure is required when applying for a patent
When applying for a patent, An application and specification must be submitted, and the specification should provide a clear and complete description of the invention or utility model. Therefore, patent applications generally need to be made public.
"Patent Law of the People's Republic of China"
Article 26 Application for invention or utility For a new type of patent, documents such as a request, a description, its abstract, and claims must 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, and shall be subject to the ability of a skilled person in the technical field to implement it; when necessary, there shall be appendixes picture. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant should explain the direct source and original source of the genetic resource in the patent application document; the applicant cannot explain the original source. Yes, the reasons should be stated.
2. Can the product be protected after obtaining the patent application acceptance letter
According to regulations, because the major has not yet been applied for and has not been authorized, it has only received a patent application acceptance notice and is not protected by patent law.
If it is an invention patent application, it will only be granted after being published.Even if temporary protection is required, the exercise of rights still has to wait until authorization is granted.
However, if the patent has been officially authorized, but someone is found to be using it without authorization and making profits from it, it will be protected by law, and the right holder can go to court in time. Sue for rights.
Moreover, the following evidence needs to be prepared before prosecution:
1. Proof If you own a patent right or a patent licensing right
When you sue as a patentee, you must submit documents proving the authenticity and validity of the patent right, including patent certificates, rights Letter of request, specification and latest patent annual fee payment receipt.
2. Prove that the defendant has committed or is about to commit an act that infringes the patent right
Specific and specific In this case, it is necessary to submit evidence such as the alleged infringing product and its sales invoice, patent and technical characteristics comparison materials of the alleged infringing product.
3. Prove that the amount of compensation proposed has a factual basis
For example, because of the infringement Evidence of losses suffered or evidence of benefits gained by the infringer as a result of the infringement.
Through the above analysis, we know that according to the provisions of the Patent Law, when applying for an invention or utility model patent, a request, description, abstract and claims must be submitted The description shall clearly and completely explain the invention or utility model. Therefore, applying for a patent generally discloses the patent. If you need legal help, readers can go to the Legal Savior Network for consultation.
