What are the characteristics of patents? What are the characteristics of a patent

What are the characteristics of patents? A patent is generally a document issued by a ** authority or a regional organization representing several countries on the basis of an application, which records the content of the invention and creation. So what are the characteristics of patents?

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A patent is a part of intellectual property and is an intangible property that has characteristics that are different from other properties. Exclusivity is also exclusivity. It means that within a certain period of time (within the validity period of the patent right) and in the region (legal jurisdiction), no unit or individual may exploit its patent without the permission of the patentee; For inventions and utility models, it is not allowed to manufacture, use, offer to sell, sell, or import its patented products for production and business purposes; For designs, it is not allowed to manufacture, offer to sell, sell, or import its patented products for the purpose of production and operation, otherwise it is an infringement.

RegionalityLocality means that a patent right is a right with a limited territorial scope, and it is only valid within the legal jurisdiction. Except in some cases, in accordance with international conventions for the protection of intellectual property rights, and in which individual countries recognize the validity of patent rights granted in another country, the patent right is granted in the country in which a patent is applied for for a technical invention, and it is only valid within the scope of the patent-granting country, while it is not legally binding on other countries, and other countries do not assume any obligation to protect. However, the same invention can be patented in two or more countries at the same time, and the invention can be legally protected in all filing countries when it is granted.

TemporalityTemporality means that a patent is only valid for the period prescribed by law. After the expiration of the effective term of protection of the patent right, the patent right enjoyed by the patentee is automatically lost and generally cannot be renewed. With the end of the term of protection, the invention becomes a public wealth of society, and others are free to use the invention to create products.

The length of time for which a patent is legally protected is determined by the patent law of the relevant country or the relevant international convention. Patent laws vary from country to country regarding the duration of patent protection. What are the characteristics of patents?

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1. Exclusivity.

Proprietary is also called"Exclusivity"The so-called exclusivity refers to the exclusive right of the patentee to manufacture, use, sell, import and export its invention-creation.

2. Regionality.

According to the principle of patent independence stipulated in the Paris Convention, the territorial characteristics of patent rights refer to the patent rights granted by a country in accordance with its own patent law, which are only valid within the scope of the laws of that country and have no binding effect on other countries.

3. Timeliness.

The so-called temporality means that the patentee has all the exclusive rights granted by law to his invention and creation that are only valid within the time prescribed by law, and after the expiration of the period, the patentee no longer has the exclusive right to manufacture, use, sell, offer to sell and import the invention-creation. At this point, inventions and creations that were originally protected by law have become the public wealth of society, and any unit or individual can use them free of charge.

4. Duration.

The patent laws of various countries have clear provisions, and the term of protection of invention patent rights generally ranges from 10 to 20 years from the filing date; The term of utility model and design patents is 5-10 years in most countries, and the term of protection for invention patents, utility model patents and design patents under the current Patent Law of China is 20 years, 10 years and 10 years respectively from the filing date.

5. Intangibility.

Patent rights are intangible, and many people tend to regard this feature of patent rights as the object of their protection - the technology protected by patent rights, but in fact, intangibility is the patent right itself. Otherwise, in the case of a trademark, the object is a pattern, which is obviously not intangible.

1. What are the characteristics of patent collapse?

1. The characteristics of special socks are as follows:

1) It is exclusive. The so-called exclusivity is also known as monopoly or exclusivity;

2) It is temporal. The so-called temporality of patent rights means that the patent right has a certain time limit, that is, the term of protection prescribed by law;

3) It is territorial. The so-called territoriality refers to the spatial restriction of patent rights.

2. Legal basis: Article 22 of the Patent Law of the People's Republic of China.

Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; There is also no unit or individual for the same invention or utility model before the filing date to the patent administration department, and recorded in the patent application documents published after the filing date or the published patent documents.

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.

2. What is the difference between patent and trademark rights?

The differences between patent rights and trademark rights are as follows:

1. The trademark right is the exclusive right granted by the trademark authority to the trademark owner to be protected by national law for its registered trademark, and the patent right is the exclusive right granted by the national patent authority to the patent applicant and his successor to exploit his invention and creation within a certain period of time;

2. The validity period is different, the validity period of a registered trademark is 10 years, and the term of an invention patent is 20 years;

3. The object of the right is different, and the object of the trademark right is the registered trademark that is protected according to law. The object of a patent right is an invention-creation for which a patent right shall be granted in accordance with the law.

The characteristics of the patent are as follows:

1. Exclusivity: also known as monopoly or exclusivity, exclusivity, the exclusive right holder of the patent owns, and the patentee has the right to occupy, use, benefit and dispose of the object of its rights (i.e., invention and creation);

2. Timeliness: The so-called time-stimulating internationality of patent rights means that the patent right has a certain time limit, that is, the term of protection prescribed by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to the invention or creation.

Originally, inventions and creations protected by law have become the public wealth of society, and any unit or individual can use them free of charge;

3. Regionality: The so-called regionality refers to the spatial restriction of patent rights. It means that the patent right granted and protected by a country or region is only valid within the scope of that country or region, and has no legal effect on other countries and regions, and its patent right is not recognized and protected, and can only be generated and protected by law in a certain region.

Legal basis] Patent Law of the People's Republic of China

Rule 51 Where any unit or individual is willing to exploit an open licensed patent, it shall notify the patentee in writing and pay the royalties in accordance with the published methods and standards for the payment of royalties, and shall obtain a patent exploitation license.

During the implementation period of the open license, the patentee shall be exempted or exempted from the annual patent fee paid by the patentee.

The patentee of an open license may grant a general license after negotiation with the licensee on the royalty, but may not grant an exclusive or exclusive license to the patent. Rule 60 The decision of the patent administration department to grant a compulsory license for exploitation shall be notified to the patentee in a timely manner, and shall be registered and announced.

The decision to grant a compulsory license shall stipulate the scope and time for implementation on the basis of the reasons for the compulsory license. When the grounds for compulsory license are eliminated and do not occur again, the patent administration department shall, at the request of the patentee, make a decision to terminate the compulsory license after examination. 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 explain 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 inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Summary. There are three types of patents stipulated in China's Patent Law: invention patents, utility model patents, and design patents.

Invention patent: A new technical solution proposed for a product, a process or an improvement of a product or method.

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

Design patent: A new design that is aesthetically pleasing and suitable for industrial application in relation to the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

What is a patent? What are the characteristics of the patent?

There are three types of patents stipulated in China's Patent Law: invention patents, utility model patents, and design patents. Invention Patent:

The new technology proposed for the improvement of products, methods or products and methods. Utility model patent: a new technical solution suitable for practical use proposed for the shape, structure or combination of the product.

Design patent: A new design that is aesthetically pleasing and suitable for industrial application in relation to the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

There are three characteristics of patents: exclusivity, temporality, and territoriality. Exclusivity, the patentee has the exclusive right and exclusive right to the patent. Without the permission of the patentee, no one else may use the patented technology without authorization.

If the patented technology is used, others need to bear the corresponding legal responsibility. Patents are monopolistic, and patent rights are granted to the applicant by the competent authority of the main state according to the application of the inventor or applicant, believing that the invention results serve the conditions of the patent statute. At the same time, the patentee has the right to possess, use, benefit and dispose of the invention and creation.

Temporality, the patentee enjoys the protection of the patent law for a certain period of time. After the expiration of the patent, the public can use the patented technology free of charge, and the patent becomes the common wealth of mankind, which can be used by anyone. Article 42 of China's Patent Law stipulates that:

The term of a patent right for a patent is 20 years, and the term for a patent right for a utility model and design right is 10 years, both of which are calculated from the filing date. "An invention patent is valid for 20 years. Territoriality, any patent right is only valid within a certain geographical scope of its authorization.

This is different from tangible assets. If you apply for a patent in China, it is only protected by the Chinese Patent Law. If the patentee wishes to enjoy a patent in another country, he must file a separate patent application in accordance with the laws of that other country.

Unless otherwise provided for in international treaties and bilateral agreements, no country recognizes patent rights granted by other countries or international intellectual property institutions.

That is to say, except as otherwise provided by law, no unit or individual may manufacture, use, sell, or import its patented products for the purpose of production or operation without the permission of the patentee. Otherwise, it constitutes infringement. Except for international conventions or bilateral reciprocal agreements, it means that the patent right granted by a country in accordance with its own patent law is only valid within the scope of the country's law, and has no binding force on other countries.

In other words, if an invention-creation has only obtained a patent right in China, if someone manufactures, uses or sells the invention-creation in another country, it is not an infringement. 3.Temporality means that the exclusive right of the patentee over his invention-creation is only valid for the time prescribed by law, and after the expiration of the period, the patentee no longer has the exclusive right to manufacture, use, sell and import the invention-creation.

Legal basis] Patent Law of the People's Republic of China

Article 1 This Law is enacted for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation capabilities, and promoting scientific and technological progress and economic and social development.

Article 2 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 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; Accept and examine patent applications in a unified manner, and grant exclusive 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.