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Anonymous users2024-02-06The scope of protection of a patent for invention or utility model shall be subject to the content of its claims.
According to the Law of the People's Republic of China, the scope of protection of a patent for invention or utility model shall be subject to the content of its claims. That is, the fundamental basis for determining the scope of protection of a patent for an invention or utility model is the claims, and the claims as a whole and substance, rather than individual words or wording.
If a technical idea is not recorded in the claims, even if it is reflected in the description or drawings, it still does not fall within the scope of protection of the patent. The claims are the basic basis for determining the scope of protection of the patent, and the description and drawings cannot be used as the basis for determining the scope of protection of the patent, but are only in a subordinate position.
Legal basis
Patent Law of the People's Republic of China
Article 26 Where an application for a patent for invention or utility model is made, a written request, a description thereof, an abstract and a claim shall be submitted.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.
The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.
For invention-creations that rely on the lease of genetic resources, the applicant shall indicate in the patent application documents the direct and original ** of the genetic resources; If the applicant is unable to explain the original ** knowledge of the omen, he shall state the reasons. Article 27 Where an application for a design patent is made, a written request, a brief description of the design and other documents shall be submitted.
The applicant submits a request for the design of the product for which the patent protection is claimed.
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Anonymous users2024-02-05The scope of protection of a patent for invention or utility model "shall be subject to the content of its claims, and the description and drawings may be used to interpret the claims" means that the scope of protection of the patent right shall be subject to the scope determined by the necessary technical features clearly recorded in the claims, and also include the scope determined by the features equivalent to the necessary technical features.
An equivalent feature is a feature that achieves essentially the same function and achieves essentially the same effect by the described technical feature by essentially the same means, and can be associated with a person skilled in the art without creative labor.
Including the meaning of the two-stroke carrying hidden layer:
1.The scope of protection of an invention and creation patent right shall be subject to its claims, that is, the claims recorded in the claims submitted by the patent applicant and approved by the patent administrative department, and shall not be less than nor exceed the scope of the claims recorded in the claims.
2.The description and drawings have the function of interpreting the claims and can be used as the basis for interpreting the claims. However, relative to the claims, the description and drawings only have a subordinate status, and cannot be used as the basic basis for the protection of the invention or utility model patent alone, but can only be the right to ask for a written document.
Article 59 of the Patent Law of the People's Republic of China stipulates that in accordance with the provisions of Article 53(1) and Article 56 of this Law, an entity or individual applying for a compulsory license shall provide evidence to prove that it has requested the patentee to license it to exploit the patent under reasonable conditions, but has failed to obtain the license within a reasonable time.
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Anonymous users2024-02-041. Scope of protection of patent rights.
The scope of protection of a patent right refers to the scope of the invention-creation covered by the legal effect of the patent right. The basic basis for determining the scope of patent protection is the claims, so the interpretation of the claims becomes the key to determining the scope of patent protection. Examining the patent laws of various countries around the world, there are three main principles for the interpretation of claims:
1) The principle of perimeter limitation. According to the interpretation of the text of the claims, the scope of the technical invention recorded in the claims is the maximum scope of patent protection. The scope of patent protection determined by this principle is the smallest, and it is adopted in the United States.
2) The principle of center limitation. Focusing on the invention described in the claims, the purpose and nature of the technical invention and the description and drawings are fully considered, and the technology within a certain range around the center is also included in the scope of the patent protection. This principle determines the maximum scope of patent protection and is adopted in Germany.
3) The principle of compromise. The scope of protection of a patent is determined by the claims, and the description and drawings can be used to explain ambiguities in the claims. The scope of patent protection determined by this principle is moderate, and is adopted by most countries in the world, including Europe and China.
The term of protection of a utility model patent.
The term of protection of a utility model patent is 10 years, starting from the date of application for jujube. Termination of a patent right according to the reason for its termination:
1) Termination of the term of application: The patent right for utility model or design shall be maintained for ten years from the filing date and shall be terminated in accordance with the law.
Legal basis: Article 59, paragraph 1 of the Patent Law states that the scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to explain the content of the claims.
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If you apply to **organization**, the fee will be paid after signing the contract, and if you apply by yourself, you will have to pay the official fee when you submit the application documents, so there is no fee to pay when you get the acceptance notice. >>>More
If a technical solution meets the application conditions for both invention patents and utility model patents, in order to obtain invention patents as much as possible and to retain a guaranteed utility model patent, one technology can apply for two patents at the same time. If the invention patent passes the substantive examination, the State Intellectual Property Office will issue a notice requiring the applicant to give up the utility model patent that has been obtained, and then grant the patent right of the invention patent; Inventions and utility models can be applied for at the same time, however, only one valid patent can exist at the same time. If the invention patent is finally granted, the utility model is a transition, but the invention patent is very risky, and what if it is not authorized.
<>First of all, what is a patent? Generally speaking, it is a person or a group, through their own ability or team cooperation, to create unique things or science and technology, to bring better improvement to the lives of the masses and property, of course, these things must have a certain level of science and technology, is unique, so its creators can apply for their own patents. >>>More
Since it is a service invention, the patent right belongs to the employer.
8-14 months, latest official time.