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Patent applicants can apply for a patent directly with the Chinese Patent Office, or they can entrust a patent ** institution (patent firm) to apply for a patent with the Chinese Patent Office. If the patent applicant entrusts a patent institution to handle the application, it shall sign the patent power of attorney and provide the necessary technical information. The Patent Authority** is responsible for maintaining the confidentiality of the relevant information.
Information to be provided when applying for an invention or utility model patent: the name of the invention or creation. Belong to the technical field.
Background technology: Comment on the status of the prior art (including principle, structure, use, etc.), mainly pointing out the defects, problems or deficiencies in similar technologies. The task or purpose of the invention and creation:
The problems to be solved are proposed for the shortcomings of the existing art. The content of the invention-creation: describe the technical conception of the invention-creation, and point out its specific structural composition, connection relationship, functional role, etc.
The advantages and positive effects of inventions. Accompanying drawings: combined with the structural schematic diagram of this technical scheme, circuit schematic diagram, block diagram, etc., the text generally does not appear in the drawing, and each component or component is numbered with numbers.
Embodiment: a description of a specific way to realize the invention-creation. Information to be provided to apply for a design patent:
The physical object of the product or the design of the product. or should include: front, top, bottom, left, right, back, and stereo (using a state reference diagram) and meet the following requirements:
Must be black and white, must be drawn with a drawing tool; The size of the figure should not be less than 3 x 3 cm and not more than 19 x 27 cm; The proportions of each ** or ** must be consistent; or must not have trademarks and words; If color protection is required, color should also be provided**. In addition, the applicant should provide: the name of the inventor, the name of the applicant, the mailing address, postal code, etc.
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If you have an overall idea, you have drawings and the principle is feasible, you can apply for a patent.
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The meaning of patent: the exclusive interest enjoyed by the inventor in his or her invention in accordance with the law.
Pinyin] [ zhuān lì ].
synonyms] dedicated, exclusive.
antonyms] public, common.
Synonyms for patents1. Dedicated. Pinyin] [ zhuān yòng ] Interpretation] dedicated zhuānyòng is used exclusively for; Special funds are used for special source calendars.
synonyms] for self-use.
Antonyms] generic, common, and dismissive.
2. Exclusive. Pinyin] [ zhuān shǔ ] Interpretation] allocates system resources to a specific qin xing application or purpose.
synonyms] exclusive, dedicated, only.
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Patents, literally, refer to the rights and interests of exclusive registration. The word "patent" is derived from the Latin word litterae patentes, meaning public letters or public documents, which were used by medieval monarchs to promulgate certain privileges, and later referred to a certificate of exclusivity signed by the King of England himself.
In modern times, a patent is generally a document issued by a ** agency or a regional organization representing several countries on the basis of an application. This kind of document records the content of the invention-creation, and for a certain period of time produces a legal state that the patented invention-creation can only be exploited by others with the permission of the patentee.
Patents in China are divided into three types: invention, utility model and design.
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China's Patent Law stipulates that invention patents, utility model patents and design patents are included.
Article 2 of the Patent Law of the People's Republic of China 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 for the shape, structure or combination of a product.
Appearance design refers to the new design that is aesthetically pleasing and suitable for industrial application of the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape pattern.
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Summary. Legal basis: Article 64 of the Patent Law of the People's Republic of China The scope of protection of a patent right 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.
The scope of protection of a design patent right shall be subject to the design of the product represented in ** or **, and a brief description may be used to explain the design of the product indicated by ** or **.
Hello dear, happy to answer your <>
(1) It is a design of shape, pattern, color or a combination thereof; (2) It must be a design for the appearance of the product; (3) It is necessary or rich in beauty; (4) It must be suitable for industrial application, and these four points are considered patents.
Legal Analysis: A patent is a new invention granted to a practical machine, manufactured product and industrial process, as well as an improvement of an existing machine, product or process. He also invents and improves chemical compounds, food, and medical products, as well as their manufacturing processes.
Patents can even be granted to new varieties of plants and animals developed through genetic engineering.
Legal basis: Article 64 of the Patent Law of the People's Republic of China The scope of protection of an invention or utility model patent shall be subject to the content of its claims, and the description and drawings may be used to explain the content of the claims. The scope of protection of the design patent right shall be subject to the design of the product that is expressed in the rotation of ** or **, and a brief description can be used to explain the design of the product expressed in ** or **.
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1. Patents. Patent is a Chinese word with four meanings, the first refers to seeking private gain; the second refers to the monopoly of a certain production or circulation in order to plunder large profits; The third type refers to concentration and sharpness; The fourth refers to the protected exclusive rights and interests of the originator of an invention, and there is generally a patent law in countries that implement the patent protection system.
2. How do you know if something has a patent?
Generally, if the product has applied for an appearance patent, they will generally put the patent number on the product, and you can enter the patent number on the official website of the State Intellectual Property Office to query the patent.
You can find it on the State Intellectual Property Office, which means that you can enter the corresponding keyword in the name column to find the same or similar patent application. However, these patent applications have already entered the disclosure process, that is, 18 months have passed since the patent application, or the applicant has applied for early disclosure, and some patent applications will be filed because the application has not yet been completed for 18 months, and the applicant has not filed for early disclosure. So, you can't know about these patent applications.
However, it is not necessary to know, because in the patent examination process, these patent applications are only used as a comparative document for the patent novelty examination, not as a comparative document for the inventive step examination, unless these patent applications are the same as the patent you are applying for, and generally speaking, it will not have a particularly large impact on your application for patent granting.
3. Patent precautions.
After obtaining the patent right, the patentee should pay attention to the following matters:
The patentee shall pay the annual patent fee on time every year. Failure to pay the annual fee as required will result in early termination of the patent right;
If the patentee wants to transfer the patent right, it shall enter into a written assignment contract and register the contract with the State Intellectual Property Office, and the assignment of the patent right shall take effect from the date of registration;
If the patentee or other right holder licenses others to exploit the patent, it shall enter into a written exploitation license contract, which shall be filed with the State Intellectual Property Office within 3 months from the effective date;
The patentee has the right to indicate the patent mark and patent number on its patented product or the packaging of the product;
If the patentee or other right holder pledges its patent right, it shall enter into a written contract and go through the pledge registration with the State Intellectual Property Office, and the pledge contract shall take effect from the date of registration.
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Domestic patents can be published in the China Patent Publication of the State Intellectual Property Office.
** Search on query.
Under the name "Organic Light-Emitting Displays and Methods Used to Manufacture Organic Light-Emitting Displays; Application number: 2016800877398", for example, you can search by patent name or application number (you can also search by keyword).
1. Search and query by name, enter the patent name "organic light-emitting display and the method used to manufacture organic light-emitting display" in the publication announcement query, as shown in the figure, and click the search button to query.
2. Search and query with the application number, enter the patent application number "2016800877398" in the publication inquiry, and click the search button to query as shown in the figure.
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There are several ways to find your own patents:
First, search in patent databases, such as the Global Patent Database, the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and other official databases. Company or patent number. These databases generally allow you to set up filters, sorting, and search criteria to more accurately locate and find your patents.
Secondly, you can consult a patent attorney or relevant institution, and if you remember the name of your patent attorney or patent agency, you can contact them and ask them to help you look up. In addition, if you have ever applied for a patent with a company or institution, you can contact the intellectual property department of that company or institution, and they can help you find relevant patent information.
Finally, you can search through the Patent Marketplace and Patent Transactions, such as Patent Auctions, Patent Sales, etc. This enlightening wheel generally allows you to search for any issued patents in its database, and you can quickly find your own patents and trade them.
Regardless of the method you use to find patents, you should have a clear understanding of the unique value of the patents you hold, pending or lapsed, which will help you understand your patents more accurately and make the right decisions. It is important to protect the rights of patents and prevent infringement or inclusion in the patents of others. <>
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