What are the measures to prevent infringement before patent application?

In practice, invention patents are also protected by law. If an actor infringes on the patent rights of others, he must bear corresponding administrative liability or even criminal liability according to law. So, what are the measures to prevent infringement before applying for a patent? The editor of Legal Savior Network will give you the corresponding answers below for your reference and study. I hope the following answers will be helpful to you.

1. What are the measures to prevent infringement before patent application?

For important During the patent research and development process, the formal patent application stage has not yet been reached. If the application documents are leaked through others, and to prevent the patent specification or patent rights specification and drawings from being plagiarized by others, it will be embarrassing to apply before the patentee or inventor. The time when the patent was generated, and the main content and video are stored independently on trusted third parties such as official registration agencies or industry associations, or on third-party platforms such as mass copyright protection platforms supported by trusted third-party groups, or on evidence preservation platforms and systems. evidence, as preliminary evidence in the event of infringement, and take insurance measures.

1. Quickly register and file electronic data on third-party platforms such as industry associations,

2. Choose a third-party support platform with strong technical background and credibility for certificate storage and certification: the public copyright protection platform, which conducts digital work certificate storage time certification and multi-dimensional intelligent certification. Its scientific nature can be independently verified and verified. Trademark design ownership rights In case of disputes, preliminary evidence is provided, and judicial appraisal agencies are used when necessary to improve the effectiveness of legal evidence and complement each other with official manual registration to prevent infringement.

2. What is the first-to-file principle for patent protection

The first-to-file principle of patent protection means that if two or more people file patent applications for the same invention and creation, who should the patent right be granted to? ?Countries generally have two principles for dealing with this.

The first is the first-to-invent principle, that is, two or more Applicants separately invent the same invention.When applying for a patent, regardless of who files the patent application first, the patent right is granted to the applicant who completes the invention first. But the disadvantage of this principle is that it is difficult to determine who invented it first. Currently, only the United States adopts the first-to-invent principle.

The second is the first-to-file principle, that is, when two or more applicants apply for patents for the same invention, no matter who completes the invention first, the patent rights Awarded to the first applicant to file a patent application. The advantage of this principle is that it is concise and easy to implement, and it is conducive to the early disclosure of inventions and creations to the public. At present, most countries adopt the first-to-apply principle.

my country also adopts the first-to-apply principle. Article 9 of the "Patent Law of the People's Republic of China" stipulates: "If two or more applicants apply for patents for the same invention and creation, the patent right shall be awarded to the applicant who applies first." According to this provision, Chinese enterprises must complete the invention after completing the patent application. After creation, a patent application should be filed promptly to avoid late application and the risk of someone else filing a patent application first and losing the opportunity to obtain patent rights.

Under the first-to-file principle, a special situation may occur, that is, two or more applicants apply for patents on the same day for the same invention. Regarding the issue of ownership of rights, according to Article 12 of the Implementing Rules of my country’s Patent Law, “only one patent can be granted for the same invention and creation.” In this case, different applicants “should negotiate among themselves to determine the applicant after receiving notification from the Patent Office.” The applicant determined through negotiation can be one party or multiple parties as co-applicants.

The above is the answer given by the editor of Legal Savior Network on "What are the measures to prevent infringement before patent application?" We can learn about the measures to prevent infringement before patent application. As above, I hope it helps you. If you have other questions, Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.