Patent knowledge, seek advice! Urgent! Thank you!

1 Actually, and or, sometimes the examiner thinks it is clear, and sometimes it does not. Many foreign patents are written in this way.

2 There is a problem with the name of your patent, whether your invention point is a technical feature a, if so, it is best not to have a patent name, you can write it like this:

1 A garment characterized by the setting of an on the inner or outer surface of the garment.

2. The clothing of claim 1, wherein: the clothing is a hat, a garment, trousers or shoes. (If you have written in the instructions that clothing includes hats, clothes, pants or shoes).

When you write like this, you actually protect both the inner and outer surfaces with A. The utility model content in the specification can be modified according to the claims, and the contents that are not in the specification should not be filled in to the claims or description, as it is easy to be rejected because the modification exceeds the scope.

Problem 1: The main mistake of the first amendment is that you use "or" and the examiner means that you should choose one to use "or" or "don't use "and", and "and" and "just remove "or", which is very important (there is no such problem in the other patent, so there will be no such amendment).

Question 2, the above one mistake, after you revised it for the first time, there are many errors, the right is on the basis of the right 1, 1 has already been set up in the internal and external A has changed, it is obviously not desirable.

Question 3, this is not easy to say, and the specific problem is analyzed on a case-by-case basis. It is also based on prior art.

Have questions hi me.

Clause.

1. Whether enterprise A can request the local intellectual property administrative department to conduct an administrative investigation and punishment, which is based on the provisions of Article 60 of the Patent Law, that is, if the patent is exploited without the permission of the patentee, that is, the patent right is infringed, and the dispute arises, the parties shall resolve it 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 department in charge of patent affairs finds that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China 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.

Clause. 2. Enterprise B adds a windproof device to the base of enterprise A's patent, and enterprise B's infringing product contains all the necessary technical features recorded in the claims of enterprise A's patent, which is an infringement.

Third, Article 48 of the Patent Law provides that if an entity that has the conditions for exploitation requests the patentee of the invention or utility model to license the exploitation of its patent under reasonable conditions, but fails to obtain such a license within a reasonable period of time, the patent administration department may, on the basis of the application of the unit, grant a compulsory license to exploit the invention patent or utility model patent. According to the above provisions, the compulsory license needs to meet the above conditions, and on the premise that enterprise B does not request enterprise B to license the exploitation of its patent under reasonable conditions, enterprise B cannot use enterprise A's technology for compulsory licensing.

1.Yes, because this involves patent rights, and patent rights are one of the types of intellectual property rights.

2.constitutes patent infringement. Because company A owns the patent right of the product technology. The so-called patent right refers to the exclusive right to exploit a specific invention or creation enjoyed by the inventor-creator or its right transferee in accordance with the law for a certain period of time.

3.No, because the owner of the patent right is Company A. Enterprise B shall obtain the right to use the patent only after obtaining the consent of the enterprise.

In fact, all three questions are the same question: is Company B infringing? The answer is no, but it also depends on what kind of patent it is applying for.

If it is a formula, you can apply for an invention patent, but do not disclose it in advance before applying.

Beijing Wuyi International Intellectual Property Rights answers for you, a patent is generally a document issued by a leading authority or a regional organization on behalf of a number of countries according to the application, which records the content of the invention and creation, and produces such a legal state within a certain period of time, that is, the patented invention and creation can only be implemented by others with the permission of the patentee under normal circumstances.

The types of patents have different provisions in different countries, and in China's patent law, they are stipulated: invention patents, utility model patents and design patents; In the Hong Kong Patent Law, there are standard patents (equivalent to invention patents in the mainland), short-term patents (equivalent to utility model patents in the mainland), and design patents; Classified in some developed countries:

Invention patents and design patents.

Patent right refers to the patent right enjoyed by the patentee for the invention and creation, that is, the state grants the invention creator or his successor the right to use the invention and creation exclusively for a certain period of time in accordance with the law. A patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use another person's patented technology, it must obtain authorization or permission from the patentee in accordance with the law.

Patent applications can be found in Beijing Wuyi International Intellectual Property.

1. Article 2 of the Patent Law provides definitions for inventions and utility models:

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technology suitable for practical use proposed for the shape, structure or combination thereof of a product.

Scheme. Therefore, the scope of protection of an invention is greater than that of a utility model. As far as your patent is concerned, it should be possible to apply for both invention patents and utility models.

2. The term of protection for inventions is 20 years, and the term of protection for utility models is 10 years. (both from the filing date), the term of protection of the invention is also longer than that of the utility model.

3. The invention patent can be directly used as evidence in the lawsuit, and the utility model also needs to issue a search report made by the patent administration department.

4. If there is a subsidy in the local area, the invention patent must be much more than the utility model, as far as Ningbo is concerned: the domestic authorized invention patent is subsidized by 10,000 yuan per piece, and the utility model patent is subsidized by 2,000 yuan per piece.

However, 1. The authorization of invention patents is slow, generally about two years, while the utility model is less than one year.

2. The cost of invention patents is high, and the application fee, examination fee, and annual fee are much higher than that of utility models. (Please refer to the patent fee standard for details), but it can be solved by reducing the handling fee.

3. If the invention patent is to be entrusted to the first institution, the fee charged is relatively higher than that of the utility model.

To sum up: it is recommended that the invention and utility model be declared at the same time, (must be filed on the same day, otherwise both patents will be invalid).

Timing of negotiation with merchants: It is recommended that after getting the acceptance notice, if you have not applied for a patent, do not disclose the technology to the manufacturer.

Hello: There is not much difference between an invention and a utility model, if you want to protect a product, you can apply for an invention or a utility model, but if you want to protect a method, you can only apply for an invention, and a utility model only protects the product rights.

If your patent can apply for both utility model and invention, it is recommended that you submit the invention application and the utility model application separately on the same day (must be the same day), because the advantage of the invention application is that the protection period is long and the protection is high, and the advantage of the utility model is that the examination is fast, if you apply for two at the same time, you can quickly obtain the utility model license, and then wait for the invention to be approved and give up the utility model and change the invention authorization, you can enjoy the preferential treatment of the two types of protection.

As long as you submit an application, the novelty of other people's applications will be destroyed because of your application, which means that they will not be able to apply for this patent, but you are not protected by the patent at this time, and you will not really own the patent right until it is granted. However, the term of protection of a patent right is calculated from the filing date. In other words, your only risk is that you apply but do not have authorization, otherwise you can be protected from the date of application.

Hope the answer is helpful to you.

Method inventions can only be applied for invention patents.

Inventions and creations in the category of methods and products can be applied for both inventions and utility models, and it is up to you to decide that utility models do not require substantive examination, and it is easier to authorize, and inventions require substantive examination.

If you determine that your invention can be licensed through search and analysis, and you apply to the CNIPA, you can negotiate with the manufacturer, because if someone applies for something like you after you, it will not be granted, and you can invalidate it if it is authorized.

The technology of the change of the material-mechanical space, the desires and desires of human beings.

Television station D infringed A's copyright C's right of retransmission.

E infringes the right of information network dissemination under A's copyright (the title is ** sex is not clear, let's think it is a visual balance pants Qi frequency****, if it is shared publicly, it infringes the right of reproduction, pure wide but in short, it is a copyright infringement).

g infringes A's right of reproduction.

Radio C infringed A's right to broadcast.

Hello, the first question: to compare whether the two patents are the same, the comparison is to compare the technical solutions and technical features in the patent, not to compare whether the exclusive claim is the same, so you don't have to worry about this. In addition, if the previous patent has constituted the prior art, if the exclusive right is only reduced and turned into a subordinate right, the patent does not have the distinguishing technical features compared with the prior art, and therefore does not possess the novelty and inventive step stipulated in the Patent Law, and it is impossible to grant a patent right.

The second question: if your rotor itself should be different from the prior art, and this method of controlling the flow of materials is also using the special structure of your rotor, then I think you have no problem applying for such a subject.