What issues should be paid attention to when applying for a patent?

There are some precautions that everyone should be aware of when applying for a patent. So, what issues should be paid attention to in the scope of patent application? To help everyone understand the relevant knowledge, the editor of the Legal Savior Network will introduce this aspect to you below. There is a detailed introduction in the article. I hope it can provide you with a reference. I also hope that Can provide help to friends who have questions about this issue.

What issues should be paid attention to in the scope of patent application

First, the scope of patent application overlaps with existing technology

Existing technologies include technologies that have entered the public domain, technologies that have been granted patent rights, or inventions that have been disclosed although patent applications have been submitted by others and have not yet been authorized. create. Other prior patent applications submitted by the enterprise itself that have not yet been authorized do not fall within the scope of prior art. When the scope of a patent application overlaps with existing technology, that part of the technical scope belonging to the existing technology will not be able to obtain patent authorization due to lack of novelty and inventiveness. Even if it is granted by chance, it may still be declared invalid in the future. Of course, companies can modify patent applications in accordance with the law during the patent review process, but if the modifications are considered to exceed the scope of the original patent application, such modifications are not allowed.

Second, the scope of patent application is too narrow

Some companies are worried that patent applications will not be authorized Limiting the technology for protection to a smaller scope will result in competitors trying to exploit the gap between the invention and the existing technology, directly using related technologies that do not constitute an equivalent relationship or submitting separate patent applications. The market space for corporate patented technologies has been seriously eroded. Therefore, without overlapping with existing technology, enterprises should not only expand the scope of rights protection set by independent claims as much as possible, but also conduct careful analysis and design of additional technical features that can be added, and write them in Subordination is required.

In short, when submitting a patent application, an enterprise must clarify the similarities between its own invention and creation and the existing technology based on the search and analysis of existing technology. and differences, reasonably plan the scope of patent application to avoid giving competitors opportunities to take advantage of.

Including further development of the invention is important to the inventor as it confirms the inventor's property rights in the intended application of the patented knowledge. Wider patent breadth allows inventors to exploit the patent-protectedTechnology and profits from patent fees to obtain and maintain a dominant position in the market. Patent breadth has a profound impact on innovation, and the development of new products also affects the structure of technology markets. Expanding patent breadth means higher returns to inventors, if other aspects of the patent system remain unchanged. However, a negative impact of a wider scope is that it makes patenting more difficult. Broader patent protection expands the ownership rights of patent owners and places more restrictions on new patent owners.

The narrow patent width makes imitation costs lower and will result in local companies lacking endogenous motivation to conduct independent research and development. Similarly, when the patent width is relatively stable, the goal of effectively promoting technological progress can also be achieved by formulating policies to encourage the entry of foreign technology in the form of direct investment and at the same time providing R&D subsidies to local enterprises.

The above is the relevant content introduced to you by the editor of Legal Savior Network. There is a detailed introduction in the article. I hope it can help you. I believe that everyone has a certain understanding of this content at this time. So, after reading the entire article, do you have any other questions about this content? This website is committed to creating high-quality lawyer consulting services. If you still have If you have any other questions, please come to the Legal Savior Network for lawyer consultation