What should you pay attention to when applying for a patent?
Generally, the following issues are involved:
①Inventions that violate public order and morals, generally All stipulate that patents are not granted. However, the application of this provision is closely related to the class essence of the country.
②Scientific discoveries and basic principles of natural science cannot be directly applied in industrial and agricultural production, and no patents are granted. Many countries provide rewards under special laws (see Discovery Rights).
③Certain material inventions, such as substances obtained by chemical methods, substances obtained by nuclear transformation methods, and food and beverages, etc., are not allowed in most countries. Patents are granted by a few industrially developed countries. The manufacturing method can also generally be patented.
④ Many countries do not grant patents for new varieties of animals and plants, but a few countries require the granting of patents.
⑤Diagnostic medical methods and drugs are also patented by a few countries.
⑥ Computer programs (software), patents are granted by very few countries. Some countries that implement the invention patent system also adopt the form of protection for utility models and designs. Utility models refer to innovative designs made on the shape, structure or combination of items, also known as "small inventions" and "small patents". Its characteristics are that it has lower requirements for inventions, simpler application and approval procedures, less fees, and a shorter protection period. Only a few countries and regions adopt utility model protection, such as the Federal Republic of Germany, France, Japan, Italy, Spain, Portugal, Poland, the Philippines, Uruguay, etc.
Appearance design, also called industrial design, refers to the shape, pattern, color or structure of a product.Collaborate to create designs that are both aesthetically pleasing and suitable for industrial applications. According to statistics from the World Intellectual Property Organization in 1976, there were 61 countries that adopted design protection. Some countries stipulate it in the patent law (such as the United States and Thailand), and some countries have separate regulations in addition to the patent law (such as the Federal Republic of Germany and Japan). China's Patent Law clearly stipulates the protection of utility models and designs.
Why apply for a patent
1) Through legal procedures Determine the ownership of the rights of inventions and creations, thereby effectively protecting the results of inventions and creations and monopolizing the market in exchange for the greatest benefits;
2) In order to compete in the market competition Take the initiative to ensure the safety of our own production and sales, and prevent our competitors from suing us for patent infringement (suffering high financial compensation and forcing us to stop production and sales);
3) The state has certain support policies for patent applications (such as patent incentive policies promulgated by the government, and high-tech enterprise policies, etc.) and will provide some policy and economic assistance.
4) Patent rights are protected by national patent laws. No unit or individual can use them without the consent of the patentee (suing others for infringement of patent rights, claim compensation).
5) Apply for patents for your inventions and creations in a timely manner so that your inventions and creations can be protected by national laws and prevent others from imitating new technologies and products developed by your company ( Constituting a technical barrier, others must obtain the consent of the patentee if they want to develop similar technologies or products).
6) If you do not apply for a patent in time for your invention and creation, others will file a patent application for the fruits of your labor and in turn sue you for infringement to the court or patent management agency. patent.
7) It can promote the upgrading of products, improve the technical content of products, improve product quality, reduce costs, and make the company's products neutral in market competition. In an invincible position.
8) If an enterprise owns multiple patents, it is a reflection of the enterprise’s strong strength and is an intangible asset and intangible publicity (enterprises with independent intellectual property rights are both consumers and (powerful enterprises that are flocking to them, and are also the main target group supported by various government policies). The 21st century is an era of knowledge economy, and the future competition of the world is the competition of intellectual property rights.
9) Patented technology can be sold (transferred) as a commodity, which has more legal and economic benefits than pure technology transfer, thereby achieving the realization of its economic value.
10) Patent publicity is effective.
11) Avoid the embarrassment of removing exhibits at exhibitions.
12) In addition to the above functions of patents, having a certain number of patents is also an important indicator in the listing and other evaluations of enterprises, such as: high-tech enterprises Qualification review, acceptance and review of scientific and technological projects, etc. Patents also serve as a bridge for the marketization of scientific research results. In short, patents can be used as a shield to protect one's own technology and products; they can also be used as a spear to combat infringement by opponents. Making full use of the various functions of patents will greatly promote the production and operation of enterprises.
The above is the editor’s introduction to the issues that should be paid attention to when applying for patents. The quantity and quality of patents are the reflection of the core competitiveness and innovation capabilities of an enterprise, and are also It is a symbol of identity and status in the industry and can obtain long-term benefits in return. If readers still have questions about this, the Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.