What does a general intellectual property case analysis report include?

The Intellectual property case analysis report should include the following contents: search for relevant patents, identification of intellectual property solutions, analysis of patent infringement of the product, analysis of the legal status of the target patents obtained from the search, etc. Because patents are also a type of intellectual property, case analysis reports on intellectual property are also required by the staff who are hearing the case. So what does a general intellectual property case analysis report include? Let the editor of Legal Savior Network take you to understand the relevant legal knowledge.

1. What does a general intellectual property case analysis report include?

(1) Technical solutions need to be analyzed define. It is necessary to make a preliminary summary of the product's technical solution based on the existing data and information, and conduct a simple analysis and classification of the technical field and product category to which the product belongs.

(2) Search related patents. According to the technical field and category of the product, the existing database system is used to search the patent data according to the constructed search formula, and the search results are obtained.

(3) Analyze the legal status of the target patents obtained from the search. Through investigation and analysis, we can judge the rights status of the target patent, such as validity, invalidity, termination, etc., and provide relevant basis to find out the patents that are still in the valid status for subsequent infringement analysis.

(4) Use the methods in patent writing or analysis to analyze the technical features of the product technical solution, and list all the technical features included in this technical solution, further analysis.

(5) Conduct patent infringement analysis on the product. Find out the technical features in the valid patent claims, and based on the principle of comprehensive coverage, determine whether the technical solution of this product falls within the scope of claim protection of the patent to be analyzed.

2. Characteristics of intellectual property

Has the following characteristics:

1. The object of rights is a kind of intangible property. The object of intellectual property rights is not tangible objects, but abstract objects such as knowledge and information.

2. Rights are territorial. The territorial nature of intellectual property rights isIt means that intellectual property rights recognized and protected according to the laws of a country can only have legal effect in that country and do not have extraterritorial effect. For copyrights, the extraterritorial effect of intellectual property rights can be obtained by relying on international conventions or bilateral agreements; patent rights and trademark rights must be confirmed by the administrative authorities of other countries before they can have legal effect.

3. Rights are temporal. Intellectual property rights have a certain validity period and cannot last forever. Intellectual property rights are protected within the validity period stipulated by the law. After the legal period, the relevant intellectual achievements are no longer protected objects, but become the common wealth of society and can be used freely by people.

3. Latest information (the "Civil Code" will take effect on January 1, 2022)

《 Article 123 of the Civil Code: Civil subjects enjoy intellectual property rights in accordance with the law.

Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Trade secrets ;

(6) Integrated circuit layout design;

(7) New plant varieties ;

(8) Other objects specified by law.

The intellectual property case analysis report requires first of all a very professional understanding of the legal knowledge of intellectual property rights in our country, whether it is an agent in an infringement case or a court staff , you must have a detailed and in-depth understanding of the specific circumstances of the intellectual property infringement case before you can write an analysis report. The causes and consequences of different intellectual property cases are fundamentally different, so the above content prepared for you by the editor of Legal Savior Network is only For reference, if you want to know more professional legal knowledge, you are welcome to consult the online lawyers of the Legal Savior Network to bring you more professional answers.