Can an improved product be patented?

Whether you can apply for a patent depends on the content you want to apply for a patent, whether it has been disclosed by other published product literature, this needs to be searched for a prior case (prior art search), if not, you can apply for a patent, if there is, you need to make an improvement, so that the improved one is different from the disclosure, and the improved one can apply for a patent.

That is to say, even if you know that the content you want to apply for a patent is disclosed (already exists), you can apply for a patent, which is your right, but whether you can be granted a patent or whether you can claim a patent after the patent is granted depends on whether it is a disclosed technology.

The issue of infringement, if you have a patent, then you have a right, and this right is to prevent others from exploiting the content of your patent without permission, and that's it, and it does not guarantee that you can make a patented product. For example, your patent is the three components of the anti-theft lock A+B+C, of which C is your improvement, I have a patent for the component of the anti-theft lock A+B, and I applied first, at this time, if you make an anti-theft lock A+B+C according to your own patent, it is infringement, infringing on my patent, because my patent covers a relatively large scope, as long as there is a and B is my patent.

It is possible to apply for a new technical scheme for product commission.

Whether a patent that is improved or upgraded on the basis of someone else's patent is valid depends on the specific circumstances.

Patent infringement refers to the use of the patent without the permission of the patentee during the validity period of the patent, and has obtained improper benefits for himself.

1. The actor directly uses the patentee's invention or the design of the patented product;

2. The actor directly uses the patentee's products or inventions;

3. The actor directly sells the invention of the patentee or the design of the patented product; Wild.

4. The actor directly imports the invention of the patentee or the design of the patented product;

5. The actor counterfeited the patents of others, and for the purpose of his own production and operation, directly sold the patented products to the outside world without the permission of the patentee, and obtained a lot of illegal benefits. Even if the perpetrator can provide the product, this behavior is still an infringement and needs to be stopped immediately.

The duration of the patent right.

The term of the patent right refers to the time when the legal term of the patent right expires and terminates. From the date of the announcement of the grant of the patent right, if the patent right is terminated for no other reason, the patent right shall be terminated until the expiration of the term of the patent right. According to the relevant laws, the term of an invention patent is 20 years; The term of a utility model patent and a design patent is 10 years, both of which are calculated from the date of filing.

If the patent right is granted after four years from the date of application for the invention patent, and the patent right is granted after three years from the date of the request for substantive examination, the patent administration department shall, at the request of the patentee, compensate the patent right for the unreasonable delay in the process of granting the invention patent, except for the unreasonable delay caused by the applicant.

Legal basis: Article 66 of the Patent Law of the People's Republic of China Where a patent infringement dispute involves an invention patent for a manufacturing method of a new product, the unit or individual manufacturing the same product shall provide proof that the manufacturing method of its product is different from the patented process.

If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department in charge of patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administration department after searching, analyzing and evaluating the relevant utility model or design, as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or alleged infringer may also issue a patent evaluation report on its own initiative.

Whether a patent that is improved or upgraded on the basis of someone else's patent is valid depends on the situation of the antling body. Patent infringement refers to the use of the patent by the actor without the permission of the patentee during the validity period of the patent, and has obtained improper benefits for himself. The monetization methods of direct infringement are as follows:

The actor directly uses the invention of the patentee or the design of the patented product.

It depends on whether the improvement is patentable. If there is something or something in between, it is best to apply for a patent for the improvement, so that you can protect your technological achievements more effectively. If not, you don't have to apply.

1. What kind of products can apply for patents?

1. To apply for invention and utility model patents, three conditions must be met: novelty, inventiveness and practicability, all of which are indispensable.

2. Novelty: refers to the fact that the same invention or utility model has not been publicly published in domestic or foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no application for the same invention or utility model filed with the Patent Office by another person and recorded in the patent application documents published after the filing date.

3. Inventive step: refers to the invention with outstanding substantive features and significant progress compared with the existing technology before the filing date, and the utility model has substantive features and progress.

4. Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects.

2. How to apply for a patent.

The patent system is a system for protecting the intellectual property rights of patents under the conditions of a market economy. An invention or creation cannot be automatically protected by a patent, and the patent office cannot grant a patent on its own initiative, but must be submitted by the person who has the right to file a patent application in accordance with the regulations.

To apply for a patent for invention or utility model, a request, description, claims, abstract and necessary drawings and other documents shall be submitted. To apply for a design patent, a request and documents such as ** or ** of the design shall be submitted. The patent application documents can be written by the applicant himself or by another person.

Since applying for a patent is a complicated legal matter, it is not easy for ordinary people to complete this task, and the applicant can entrust a person with patent qualifications to write the application documents and handle the relevant application affairs. If the person who entrusts a patent institution to apply for a patent and handle the application affairs, he shall submit a power of attorney at the same time, indicating the authority of the entrustment, and pay the ** service fee according to the relevant patent service fee standards.

Patents can be applied for.

Article 51 of the Patent Law stipulates that:

If an invention or utility model for which a patent has obtained a patent has a significant technological progress of significant economic significance compared with the invention or utility model for which the patent has been obtained, and its implementation depends on the exploitation of the previous invention or utility model, the patent administration department may, upon the application of the latter patentee, grant a compulsory license for the exploitation of the previous invention or utility model.

In the case of granting a compulsory license for exploitation in accordance with the provisions of the preceding paragraph, the patent administration department may also grant a compulsory license for exploitation of the latter invention or utility model upon the application of the former patentee.

The 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.