How to protect patents

In normal times, if we have a good idea, invent something or create something that does not exist now, we must apply for a patent for our thing to protect our property. So how to protect it after applying for a patent? Below, the editor of Legal Savior Network will explain the relevant content to you. I hope it can help you!

How to protect patents

Patents are protected by the Patent Law. Act.

Scope of protection

1. The scope of protection of an invention or utility model patent shall be based on the content of the claim. The description or drawings may be used to interpret the claims. How to determine the content of patent protection shall be based on the scope determined by the claims. The scope of protection of a design patent shall be subject to the design patent product shown in pictures or photos. Patent protection rights granted by a country or a region are only valid within the scope of that country or region. They have no legal effect in other countries and regions, and patent protection rights are not recognized.

Period of patent protection: invention from the filing date Patents are valid for 20 years, utility model patents and design patents are valid for 10 years. If the patent protection period expires, the annual fee is not paid, or the patent is voluntarily surrendered, the patent right is no longer protected. The independent claims include a preamble and a characterizing part. The preamble shall state the name of the subject matter of the technical solution of the invention or utility model, and the necessary technical features common to the existing technology that is closest to the subject matter of the invention or utility model. The features part shall indicate the differences betweenThe technical characteristics of the closest existing technology. The technical features in the characteristic part and the technical features in the preamble part together define the scope of protection claimed for the invention or utility model.

Example of a technical claim: a product, consisting of A and B, characterized by C and D. The technical solution required by the claim includes the complete A, B, C and D and not just Only technical features C and D. If someone else’s product only contains technical features, such as A, B, C or A, B, and D, it is not infringement. Only if it covers all the technical features of A, B, C, and D, it is infringement.

2. Scope of protection of design patent rights

to represent the design in a picture or photo Patented products shall prevail. Applying for a design does not require the submission of written documents such as claims and descriptions, but requires the submission of pictures or photos. The standard for judging whether there is infringement is: if the same or similar design is used on a product that is identical or similar to the patented product, it is considered to be infringing. Identical products refer to the same purpose and function; similar products refer to the same purpose. , the specific functions are different.

Method

After the patent is infringed, the patentee can take three ways to protect his patent right.

1. Consultation, negotiation;

2. Request the patent administrative department for mediation;

3. File a patent infringement lawsuit.

In many cases we will apply for patents. There is a term for patent in many fields, so if you have any new things, you can apply for a patent to protect your own interests. The above is the relevant knowledge that the editor of Legal Savior Network found for everyone on the Internet. Hope it helps everyone! If you have any questions, please feel free to consult a lawyer on this website.