1. How to evaluate before applying for a patent
When applying for a patent Beforehand, it is necessary to consider whether the definition of the invention has been fully elaborated, what the effect is, whether it is a core technology or a technical improvement, etc. As the source of patents, only technological innovation and patents, as the carrier of technology, can have a solid foundation. At the same time, technical comparative advantages also initially determine the scope and direction of patent protection.
Patent rights are exclusive rights or exclusive rights granted by law to inventors or their assignees for a certain period of time over their inventions. Therefore, it is also essential to assess the proprietary status expected to be obtained through the invention. For example, the scope and strength of patent protection, freedom to use patents, the ability to monitor infringement, the ability to litigate, etc. If after the technical solution is disclosed through a patent application, it is difficult to use your own solution to monitor other people's products or systems, or monitoring requires a lot of money, then even an invention that is technologically advanced and can obtain broad protection is not recommended. For patent applications, other intellectual property protection methods such as technical secrets and software copyrights may be more appropriate. The development stage of patented technology determines the cost and cycle of implementation to a large extent, which is a matter of great concern to patent assignees or licensees. Therefore, it is necessary to understand its status in the application stage: whether it is only a concept, whether it can be practiced, or whether it can be produced. If it is just a concept, it may still require continued investment and secondary development to be applied to the industry.
The purpose of evaluating a patent application to be submitted is to gain an earlier and better grasp of the commercial potential of the technology, such as determining product capabilities, expected demand, end users identity, market size and maturity. Is it to allow companies of a certain size to enter, to obtain venture capital, or to prevent competitors from following suit? All of these require in-depth research and investigation, and require patent workers to cooperate with marketing, sales and technical personnel. If the conclusion is positive, investing in high-quality resources, hiring experienced patent attorneys, deploying a complete patent portfolio, and selectively filing international patent applications through the Patent Cooperation Treaty (PCT) will be a valuableA worthwhile investment.
In addition, financial analysis is also essential because patent application and maintenance require expenditures , especially international patent applications filed through the Patent Cooperation Treaty channel. Including R&D costs, patent costs, expected license fee income, the possibility of obtaining follow-up research funds, product cost sharing, etc. In fact, sometimes the result of a cost analysis may be that it is more economical to license someone else's patent than to patent it yourself. Therefore, through the introduction of patents, digestion, absorption and re-innovation, it is possible to shorten the gap, improve competitiveness, avoid risks and get twice the result with half the effort.
2. What behaviors are patent infringements
( 1) Implementing other people’s patent behaviors
This type of patent infringement must meet two conditions:
(1) Without the permission of the right holder;
(2) For the purpose of production and operation.
According to the provisions of Article 11 of the Patent Law, it has the following three specific forms:
1. Manufacturing, using, offering to sell, selling or importing products patented by others or utility model patented products;
2. Using methods patented by others and using , Promise to sell, sell or import products directly obtained in accordance with this method;
3. Manufacture, sell or import other people's design patented products.
(2) Counterfeiting others’ patents
This type of patent infringement refers to the infringement of patent rights According to Article 84 of the Patent Law, a person’s right to mark has the following four forms:
1. Without permission, in the manufacture or sale of goods Marking other people’s patent numbers on products and product packaging;
2. Using other people’s patent numbers in advertisements or other promotional materials without permission, making others Mistaking the technology involved for someone else’s patented technology;
3. Use someone else’s patent number in the contract without permission, causing people to mistake the technology involved in the contract as someone else’s patented technology;
4. Forge or alter other people’s patent certificates, patent documents or patent application documents.
In addition, Article 59 of the Patent Law also stipulates another illegal act, namely "passing off patented products with non-patented products, passing off non-patented methods as "Patented method", this kind of behavior is not a manifestation of patent infringement, that is, it is not patent infringement, and does not bear patent infringement liability. It only bears general civil tort liability and will be punished by the department managing patent work.
The above is the answer given by the editor of Legal Savior Network on "How to do a good job in evaluation before patent application". We can learn how to do a good job in evaluation before patent application. The relevant answers to the assessment are as above, I hope they will be helpful to you. If you have other questions, Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
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