What are the misunderstandings in patent applications
Myth 1: Apply for a patent only after the product is put into mass production
Some inventors think that after applying for a patent, they can "sit back and relax", thereby neglecting the continued research and development work in the later period. Even if new products or new products are developed, Improvements will no longer apply for patents. The consequences of this misunderstanding are no different than not applying for a patent. Because when someone else improves the product and applies for a patent, it in turn restricts the upgrading of the original patentee's product, which causes the original patentee to inadvertently become an infringer. At this time, the original patentee loses his intellectual property rights.
Myth 2: A technical achievement can only apply for a type of patent
(1) If the technology If the results are patented, when others infringe the infringement, the infringer can be legally sanctioned to protect the interests of the patentee; the disadvantage is that the technical solution must be fully disclosed, so that ordinary technicians in this field can use the disclosed technology. The extent to which the solution is implemented provides others with the opportunity to further develop and develop based on this technical solution.
(2) If the technical achievements are protected by technical secrets, there is no need to disclose the technical solution like applying for a patent. If the protection measures are appropriate, it will be difficult for others to understand. Its weakness is that once the technology holder fails to protect the technology and the technology is leaked or stolen by others, it is difficult to hold others accountable. Or someone else has developed the same technology and applied for a patent. If you use this technology again, it will constitute infringement. At this time, you will be in a passive state both technically and in the market.
Therefore, the holder of technological achievements can weigh the balance between patent protection and technical secret protection and choose the appropriate method. Technical secrets can be used to protect technical achievements that are easy to keep secret and difficult for others to know. This is the case with the formula of Coca-Cola, which is still well protected today. For those technical achievements that industry experts can understand at a glance and are difficult to keep secret, it is best to use patent protection.
Myth 3: Obtaining a patent certificate means you have obtained a valid patent right
As far as invention patents are concerned, although the State Intellectual Property Office It has conducted substantive examination, but no one can guarantee that the invention patent examination department has searched all relevant literature around the world. Therefore, obtaining a patent certificate does not mean that your patent is a truly valid patent, but only represents the approval of the patent application by the national intellectual property administrative agency. Your patent is truly valid only if no one files an invalidation declaration against your patent during the validity period of your patent, or if someone files an invalidation declaration but the reexamination committee maintains your patent rights after review, your patent will be truly valid.
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