Is it enough for a student’s invention patent to pass the preliminary examination?
According to my country’s patent According to the provisions of the law, no matter whose invention patent it is, it needs to go through two procedures, preliminary examination and substantive examination, in order to obtain the authorization of the invention patent.
"Patent Law of the People's Republic of China"
Article 34: After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct substantive review of the application upon request made by the applicant at any time. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
What types of invention patents can be divided into
(1 )Product invention
Product invention refers to the creation of various unprecedented new products through people's intellectual activities. It should be noted that the patent laws of various countries have certain restrictions on the scope of protection of product inventions.All inventions with products can obtain patent rights. For example, product inventions that violate national laws and social public interests, and substances obtained by nuclear transformation methods, etc., cannot obtain invention patents. A product under patent law can be an independent, complete product, or it can be a component of a piece of equipment or a machine. The invention of products can be divided into the following situations:
1. The invention of manufactured products, such as various machines, equipment, devices and various appliances, etc. .
2. The invention of substances such as chemicals, medicines, food, etc.
3. The invention of materials such as glass, ceramics, artificial diamond, artificial synthetic insulin, etc.
4. The invention of new uses for products is to reveal unprecedented uses and functions of the item without changing the inherent nature and state of the item. If charcoal is discovered, it can be used to make gunpowder. It should be pointed out that if an unprecedented new item is discovered that is completely in a natural state without any artificial processing or creation, it is not an invention of a product, but a scientific discovery.
(2) Method invention
Method invention refers to the invention of an item or substance An invention that involves steps or technical means to change something into another state or another kind of item or substance. The protection of process inventions began in the middle of the 20th century, but currently the degree of protection for process inventions varies across countries around the world. For example, the United States only protects the method invention itself and does not protect the products produced by the method. However, the patent laws of Germany and my country not only protect the method patent, but also protect the products produced according to the method. Method inventions include:
1. Manufacturing method inventions, such as methods for manufacturing color film, manufacturing steel materials for special purposes, etc.
2. Chemical method inventions, such as methods of artificially synthesizing fibers, methods of synthesizing resins, etc.
3. Biological method inventions, such as hybrid rice cultivation methods, artificial pearl cultivation methods, etc.
4. The invention of other methods, such as the invention of communication methods, measurement methods, analysis methods, etc.
(3) Improvement invention
Improvement invention refers to the modification of existingTechnical solutions for substantial improvements made to product inventions or method inventions. The difference between improvement invention and product invention or method invention is that it is not the creation of new products or new methods, but a substantial innovative technical solution based on existing products or methods. It is a technical improvement of existing inventions. further improvement and improvement. Improvement inventions can bring new characteristics to existing products and methods or promote partial qualitative changes, but they do not fundamentally change the essential attributes of the original invention. For example, Edison invented the incandescent lamp, and ** General Electric invented the method of filling the incandescent lamp with inert gas and improved the production method of the incandescent lamp. The quality and life of the lamp have been significantly improved, and the efficiency has been greatly improved. This is improvement invention. Many countries now regard improved inventions as the object of patent law protection, such as the United States, Canada, India and other countries.
The pros and cons of early disclosure of invention patents
Early disclosure of patents Benefits:
From the applicant's perspective, the advantage is: according to the patent law, after the invention patent application is published, the applicant can request the implementation of his invention The unit or individual pays an appropriate fee, which is to obtain the so-called "temporary protection." By publishing the application as early as possible, the applicant can obtain temporary protection under the Patent Law as early as possible. In addition, early announcement may help the patent enter the market and occupy the market in the future.
From the public point of view, the benefits of this are: (1) It is conducive to the rapid dissemination of the latest technology, allowing relevant departments and units to understand the latest technology as early as possible development trends and formulate development strategies; (2) it can avoid duplication of research and reduce waste in the R&D process; (3) it can promote faster research and development of new technologies inspired by the inventions of others; (4) anyone can respond to problems that do not meet the requirements For patent applications stipulated in the Patent Law, opinions should be submitted to the Patent Office and reasons should be given to reduce possible errors in the examination.
Disadvantages of patent application disclosure:
If the application content is disclosed too early, others may take advantage of it This application may harm the interests of the applicant. In addition, for withdrawn patent applications, there is a big difference between published and unpublished patent applications. If the content of the application has not been disclosed, the technology can still be owned by the applicant as a technical secret, and a new patent application can be filed in the future; if the content of the application has been disclosed, it means that the technology has entered the field of publicly known technology, and the applicant cannot Then obtain patent protection for the same content.
Applicants often hope that this disclosure will be later, so as to have more time to finally decide whether to disclose its technology or prepare for the disclosure of the technology.
The above knowledge is the editor's answer to the question "Does a student's invention patent only need to pass the preliminary examination?" According to the provisions of my country's patent law, whether it is Anyone's invention patent needs to pass two procedures, preliminary examination and substantive examination, in order to obtain the authorization of the invention patent. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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