What are the benefits of patent protection for business operations?

In recent years, there have been many domestic patents and disputes. Whether it is the patent war between shared bicycles, the patent mutual litigation dispute between the two major air-conditioning giants of Gree and Midea, or the patent case of 100 million yuan claimed by Sogou, it continues to reveal such a signal: patents will become a powerful force for innovative enterprises to compete for market position, curb competitors, and protect their own development.

Patents can give companies a strong position in the fierce market competition, especially for small and medium-sized enterprises, and good patents are enough to make them invincible in the market. With the development of many industries becoming more and more mature, giants are standing and showing a white-hot competition situation. In addition to the competition in technology, marketing and product experience, a form of competition that cannot be ignored or even more important is gradually emerging, that is; Patent Wars!

Next, let's talk about the protective role of patent rights. The protective effect of patent right is large, and the protection function of patent right is 1: patent can protect the sales share of enterprise products in the marketPatent refers to the exclusive interests and rights, which are unique, if the competitor sells the patented product in the same market, the patent owner has the right to require the competitor to stop selling and compensate for the losses caused by the competitor's sale of its patented product.

Patent owners can also file a lawsuit in court against a competitor for infringement of their patent rights, or request the patent administration authority to deal with it, so as to protect the market share of the product. Of course, you can also choose to settle the patent infringement dispute. Protective effect of patent right 2:

The use of patents to trade technology to achieve corporate profitsPatents are a special commodity, which can also be freely transferred and sold. The owner of a patent right assigns a patent to another person by signing a patent transfer contract or a patent exploitation license contract with another person, or licenses the patent to another person to use the patent, and obtains the expected recipient. The protective function of patent right is three:

If there is a possibility that a new technology can be used and can be used, the enterprise hopes to benefit from the technology in the future. However, if for some reason you do not want to implement the new technology, but expect to implement it again in the future, and at the same time do not want others to use the technology, you can apply for a patent for the technology, and use the exclusive right granted by the patent right to prevent the use of the patent at any time during the patent protection period without its permission, forming a legal monopoly on the technology it has developed. The protective function of patent rights is four:

Improve the bargaining chips of corporate financing and help enterprises quickly get financing In the process of starting a business, there are many teams that do the same project as you, and among many competitors, investors choose you or your competitors, and patents or licenses play a decisive role. Your patent can greatly increase the points for your project, increase the recognition of your project by investors, and help you get financing more smoothly. Through the protection of patent rights, enterprises can obtain better economic benefits, and use part of the income to reward inventors who have contributed to inventions and creations, encourage them to actively engage in inventions and creations, and stimulate the enthusiasm of enterprise employees to invent and create.

1.In China, the patent is a first-to-apply system, if your technology is listed first without applying for a patent, it may be applied for by competitors first, affecting your use and sales, and in serious cases, it may constitute infringement and bear legal responsibility.

2.Patents are the intangible assets of an enterprise and the honor of the company, which can enhance the company's strength and win the trust of consumers.

3.Patents are also a necessary condition for some projects, such as high-tech enterprises, specialized and new "little giants", etc., which can not only obtain honors, but also receive high project subsidies.

4.Enterprises can obtain subsidized loans through patents to alleviate financing pressure.

You can protect your patents through the Patent Act. In the event of patent infringement, it can be resolved through negotiation or litigation. Article 60 of the Patent Law stipulates that if the patentee infringes upon the patent right by exploiting the patent without the permission of the patentee, the dispute shall be settled by the parties through negotiation. If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter.

If the party concerned is not satisfied, it may file a lawsuit with the people's court within 15 days from the date of receipt of the notice of disposition. If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

1. What should I do if my patent is preemptively registered?

1. The patentee and the alleged infringer may negotiate on their own or reach a settlement agreement under the mediation and mediation of other third parties to resolve the dispute. When the intention to negotiate is proposed, an infringement warning letter can generally be sent to the infringing party.

2. If the facts and evidence of the infringer's infringement are sufficient and conclusive, the patentee may report to the Patent Office and other relevant administrative departments, and the patentee shall take administrative measures to investigate and verify the infringement of the infringer and impose administrative penalties. In the process of administrative adjudication, the relevant patent administration department may mediate the civil liability for patent infringement based on the early application of the relevant party.

3. After discovering that the infringer has infringed its patent right, the patentee may also file a civil lawsuit directly with the relevant people's court at the place where the infringement occurred, the place where the defendant is located, and request to stop the infringement and compensate for economic losses.

2. How to revoke your patent rights.

It depends on who owns the patent. If you revoke your own, you can file a request for abandonment of the patent right or stop paying the patent annuity fee. If the revocation is made by someone else, it is necessary to file a request for invalidation with the Patent Reexamination Board.

The applicant can withdraw his patent application at any time before the patent is granted.

In addition, after the grant of a patent, the patent may be invalidated, waived or the payment of annuities may be suspended after the grant of the patent right in accordance with the provisions of the Patent Law.

1. Enterprises should apply for and obtain patent rights in accordance with the relevant provisions of the Patent Law and Minsui. Enterprises should pay special attention to the application of patent rights.

2. Enterprises should establish a special patent management system or institution within themselves, and assign professionals to manage patent rights.

3. The patent management agency set up by the enterprise shall also be responsible for the licensing of patents, the transfer of patent rights and patent application rights, and the entrusted development contracts related to patent rights, so as to effectively protect the patent rights of enterprises in these aspects and give full play to the role of patent rights in the operation of enterprises.

4. Enterprises should pay attention to avoid the infringement of their patented technology caused by the loss of patent talents. The core competitiveness of modern enterprises is often determined by the talents owned by the enterprise, and the loss of patent talents, especially those involved in secrets, is directly related to the survival and development of enterprises.

5. Finally, enterprises should pay attention to the remedial measures they should take after the patent right is infringed. Due to the technical difficulty of patent protection and the fact that a lot of evidence is easily lost or obtained, in practice, enterprises often give up the protection of their patent rights for fear of trouble or other reasons, so that their losses are indefinitely expanded. In fact, at present, China's laws are increasingly protecting patent rights, such as administrative protection of patent rights, including customs protection, and judicial protection of patent rights.

1. What are the legal characteristics of patent rights?

1) Exclusivity. It means that the patent right is an intangible property right of Duan Yin, which has an exclusive nature, and anyone who wants to exploit the patent, except as otherwise provided by law, must obtain the permission of the patentee and pay the royalties according to the agreement between the two parties, otherwise it constitutes infringement.

2) Temporality. It means that the patent right is only valid for the duration of the grant, and after the expiration or termination of the term, the invention and creation will become the common wealth of the whole society, and anyone can use it freely, and the term of the patent right is stipulated by the Patent Law.

3) Regionality. It means that the patent right granted by one country is only valid within the regional scope of the granting country or region, and is not legally binding on other countries or regions, and the patent rights granted by each country or region are independent of each other.

2. What are the types of patent rights?

1. Invention patent: refers to the new technical solution proposed for the product, method or its improvement.

2. Utility model patent: refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of products.

3. Design patent: refers to the new design of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of the product, which is aesthetically pleasing and suitable for industrial application.

Patents have a relatively greater impact on companies with technology, prospects, and money 1If the enterprise has the core technology that other competitors do not have, the patent can be effectively blocked and protected to ensure the advantage and avoid the erosion of market share, or the form of authorization can be used to obtain the license fee; On the contrary, it can also lose its original advantages due to the imitation and leakage of technology, coupled with the lack of patent protection; 2.Enterprises with good prospects and rapid growth will generally attract the attention of competitors and try to adopt patent strategies to suppress and suppress; On the contrary, such enterprises generally have a large R&D investment, so they may wish to deploy their own technology patents to have both offense and defense; 3.

The enterprise is very rich and has a considerable scale, so it is easy to use the procedural means of patent protection (such as paying a large amount of deposit, so that the product preservation causes the opponent to be unable to ship), to produce a substantial effect, if the relevant patent is very strong, it is really really terrifying; Of course, such enterprises will also become the prey of some other patentees because they are not bad for money. In fact, enterprises regardless of category, regardless of size, should have the awareness of respecting patent rights, but China's current environment is not very mature, with the implementation of the national intellectual property strategy, as well as the transformation of innovative countries, this social awareness will become more and more mature and more obvious.