What is the difference between granted and ungranted invention patents

The difference between granted and unauthorized invention patents is analyzed as follows:

1. The authorized means that the patent has passed the examination and has become your property, and no one can infringe upon it.

2. Unauthorized means that the patent has not passed the examination or the examination has not passed, the right has not been established, and the protection of your technology or product has not been formed.

3. China's patent application is an application authorization system; When applying for authorization, only after authorization, your technical solution can be called a patent, and if it is not authorized, it can only be called a technical solution.

4. Authorized invention patent refers to the legally effective authorization certificate given after passing the examination of the State Intellectual Property Office, which considers that its technology meets the authorization requirements of the patent.

5. The State encourages the units granted patent rights to implement property rights incentives, and adopt equity, options, dividends, etc., so that inventors or designers can reasonably share the benefits of innovation.

Article 2 of the Patent Law of the People's Republic of China The term "invention-creation" as used in this Law refers to inventions, utility models and designs.

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

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

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. Article 3 The patent administration department shall be responsible for the management of patent work nationwide; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law.

The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions. Article 6 An invention-creation completed in the performance of the tasks of the unit or mainly by making use of the material and technical conditions of the unit shall be a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the employer, and after the application is approved, the unit is the patentee.

For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; After the application is approved, the inventor or designer is the patentee.

Where the unit has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail. Article 10 The right to apply for a patent and the right to apply for a patent may be transferred.

Where a Chinese entity or individual transfers the right to apply for a patent or patent right to a foreigner, a foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department, which shall make a public announcement. The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.

Authorized means that the patent has passed the examination and has become your property, and no one shall infringe upon it, and the unauthorized means that the patent has not passed the examination or has not passed the examination, the right is not established, and your technology or product has not been protected.

Legal Analysis: A patent application is in the process of being filed, but has not yet been authorized by the relevant patent authorities (i.e., the application has not yet been successful). According to the Measures for the Filing of Patent Exploitation License Contracts, the person who licenses the patent exploitation license is the patent right or other right holder, so a patent that is not authorized cannot be licensed.

Legal basis: Measures for the Filing of Patent Exploitation License Contracts

Article 3 The licensor of a patent exploitation license shall be the lawful patentee or other right holder. If a patent exploitation license contract is concluded with a common patent right, the consent of the other co-owners shall be obtained, unless otherwise agreed by all the co-owners or otherwise provided by the Patent Law of the People's Republic of China.

Article 4 The patent exploitation license contract for which the application for filing shall be concluded in writing.

Legal analysis: the difference between invention authorization and invention patent in patents: 1. Invention authorization refers to the legally effective authorization certificate given after passing the examination of the State Intellectual Property Office, believing that its technology meets the authorization requirements of the patent.

2. The invention patent is actually an invention design scheme, that is to say, the invention patent is only a technical scheme submitted to the intellectual property department, and the technical scheme has not yet been approved and authorized. 3. If it refers to the CNIPA, not every application can be granted in the technical patent submitted by the applicant. Especially invention patents.

The scrutiny is particularly rigorous. If there are some issues with your technology. The CNIPA will not grant a patent for this technology.

4. If so, the patented technology can be authorized. The CNIPA will first issue a letter of authorization to the applicant. Obtaining the authorization notice means that the technology has become a patent.

Just wait for the patent certificate.

Legal basis: Patent Law of the People's Republic of China Article 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and practical. Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress. Utility means that the invention or utility model can be manufactured or used and can produce positive effects. For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.