There are a lot of duplicate patents, why? Who is applying for authorization.

You should look at the utility model patent, the utility model patent adopts a registration system at the time of application, and there is no substantive examination period, so there are many repeated applications, but it has a publication period, that is, the applied patent is announced to the public, and someone has to defend if someone raises an objection. Therefore, I have adopted the principle of application priority, when you find multiple patents, see whose patent application is first, then the rights belong to whom.

Different languages? Is it a different language?

If the language is different, it is considered to be a patent family.

Family patent: A group of patent documents with the same or basically the same content that has been applied, published or approved multiple times in different countries or regions and by patent organizations between regions based on the same priority document.

Who to authorize: If the patent owner (i.e. the applicant) wants to authorize, it is important to pay attention to the legal status of the patent, and if it has expired or expired, it cannot be used directly without authorization; If it is under trial, it may wait for his authorization before requesting authorization.

Can I apply for it: Everyone has the right to apply for a patent, and whether it can be granted after the application depends on the specific requirements of the three characteristics of the patent authorization (novelty, inventiveness and practicability).

Since they can apply for it, it means that they still have the rights they need to protect.

As long as one claim is novel, it can be filed.

As long as it can slightly break through the original patent, it is feasible.

You can also apply, as long as you convince the examiner that you have a unique side.

There are many inventions of the same kind, but the earliest applicant for the patent has patent priority.

Patent priority refers to the right that a patent applicant enjoys in accordance with the law if a patent applicant files a patent application for an invention or creation in a certain country for the first time within the statutory time limit and files a patent application for the same subject matter within the statutory time limit. The purpose of patent priority is to exclude those who have copied the patent in other countries, and it is possible to file an application and obtain registration first.

The content of patent protection is limited by its own specific technology, and the patent can be approved, indicating that it has its own characteristics compared to other technologies. The question of who to authorize depends on what you want to apply.

If you feel that there is a problem with an existing patent, you can file an application for invalidation, of course, mainly from the three characteristics of the patent.

You can also file your own application, provided that what you are proposing is substantially different from someone else's patent, and is practical, novel and inventive.

The success rate of invention is 55%.

Utility model 90%.

The appearance is 100%.

So as long as there is a direction, there is a change.

Meets novelty, inventiveness, practicality.

You can apply, and many of them can be written for you.

1. How to know if there is duplication of patents.

1. Do the search work before the application, and check the patented technology is the way to query the patent technology literature, the patent library of course contains different types of patented technology of different inventions, and the patent database is the patented technology that has been preserved for a long time since the history of the patent database, so it is called patent literature, which has the way to be used and used for reference by future generations.

2. Legal basis: Article 8 of the Patent Law of the People's Republic of China.

Unless otherwise agreed, the right to apply for a patent belongs to the unit or individual that completed the invention or joint completion of the invention-creation by two or more units or individuals, or the invention-creation completed by one unit or individual under the entrustment of other units or individuals; After the application is approved, the applicant is the patentee.

Article 9. Only one patent can be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has abandoned the utility model patent right, the invention patent right may be granted.

If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention.

2. What are the conditions required to apply for a patent?

The requirements for applying for a patent are as follows:

1. Necessary conditions: the invention and utility model for which the patent right is granted shall be novel, inventive and practical;

2. Prohibition conditions, inventions and creations that violate national laws, social morality or hinder public interests, prohibit patenting, rules and methods of intellectual activities, diagnosis and methods of diseases, food, beverages and condiments, drugs and chemical methods, animal and plant varieties, and substances obtained by nuclear conversion methods are not patented.

Repeated applications of a patent on the same day are considered invalid.

Patents are the protection of innovative technological achievements such as new inventions, utility models, and designs. Applying for multiple patents on the same day is generally regarded as having no substantial difference or duplicate filing, which can neither meet the novelty and inventiveness requirements of patent law, nor meet the principle of fairness and equity. Therefore, in order to ensure the rigor and practicability of the patent application, it is not permissible to apply for a duplicate patent application on the same day.

Patents and trademarks have different protection formulas and requirements, so there are differences in the issue of filing them on the same day.

The issue of IP infringement is more complicated. First of all, you need to confirm whether the other party's patent is valid and valuable (the three characteristics of the patent), if you prove that the other party's patent is indeed valid, then you also need to compare your product with the claims mentioned in the patent applied for by the other party, if the product you produce falls within the scope of the other party's claims, it should be infringement. There is sometimes a big difference between a patent and an actual product.

Due to the different drafting of patent application documents, the scope of protection of rights will also vary greatly. This is the same as drawing circles, painting big and small depends on the product and the person who "paints". In short, it is recommended that you analyze the other party's patent before judging whether it is infringing.

1. All 1. Applying for a patent is required to check for duplication.

2. The repetition rate is controlled within 20.

3. Invention patents, utility models, and appearance patents are only subject to preliminary examination, and the prior art is generally not searched, and the technical solution can generally be authorized if it is complete. Patents are subject to substantive examination, and examiners search for prior art.

Matters to be done in a patent application:

1. Applying for a patent is a legal procedure, the inventor who applies for a patent wants to obtain the patent right quickly and securely, and obtain legal protection, can entrust the patentee of the patent firm to provide you with legal and technical help.

2. According to the basic principles of the Patent Law, only one patent can be granted for the same invention. When there are two or more separate patent applications for the same invention, there are two principles of treatment: one is the first-to-invent principle and the other is the first-to-file principle.

3. Countries have different requirements for the examination of patent applications, and basically implement two different systems.

One is to only examine whether the form of the patent application meets the requirements of the law, but not whether the invention meets the substantive conditions such as novelty.

The other is the implementation of the substantive examination system, that is, not only the form of the application, but also whether the invention has the novelty, advancement and practicability of the substantive examination, only the invention with the above patent conditions, the patent right is granted. China and most countries in the world have adopted a substantive examination system.

4. After receiving the patent application, the patent office will examine it, and if it meets the acceptance conditions, the patent office will determine the filing date, give the application number, and after verifying the list of documents, issue a notice of acceptance and notify the applicant.

To be searched, especially invention patents, utility models and appearance patents are only subject to preliminary examination, and generally do not search for prior art, and if the technical solution is complete, it can generally be authorized. The invention is subject to substantive examination, and the examiner searches for prior art, and the grant period is very long, more than one year.

The Patent Office examines patent applications in accordance with the requirements of the Patent Examination Guidelines.

1.It does not matter if the description of the patent application is duplicated. Because to measure whether two patent applications are different, it is necessary to compare whether the claims of the two patent applications are the same.

In other words, even if the specifications of two patent applications are word-for-word, they are still considered two different patent applications as long as their claims are different.

2.If two or more patent applications are filed within one year, it is advisable to claim priority from the earliest application for the later filing.

3.After acceptance, utility model patents and appearance patents will first go through a preliminary examination, mainly to check whether there are obvious errors, whether they comply with the relevant provisions of laws and regulations, and whether they fall within the scope of protection of utility models or designs. If no problem is found, a letter of authorization will be issued, and a certificate will be issued after payment.

If the requirements are not met, the examiner will issue an examination opinion, or a letter of amendment, and if the applicant is qualified for correction, he will be authorized, and a certificate will be issued after paying the fee, and if he fails to meet the requirements for many times, a rejection decision will be issued.

After the invention patent is accepted, it must also go through a preliminary examination, and the examination intensity is not as large as that of utility model and appearance patents, mainly to see if there is no non-compliance with the provisions of laws and regulations, whether there are promotional terms, etc., there is no big problem, the preliminary examination is qualified, and it is published on the Internet, and if there is a problem, the applicant will be required to make corrections. The public announcement of the correction is qualified, and the rejection of the unqualified.

After the disclosure, the invention enters the substantive examination stage, and the examiner further examines the patent application documents, such as whether it is theoretically achievable, and then, the examiner will also conduct a worldwide search of technical literature, and if the same is found, an examination opinion will be issued, and the applicant will reply that it is qualified, authorize, and issue a certificate after paying the fee, and if the reply is unqualified, it will be rejected.

If no problem is found, an authorization notice will be issued directly, and a certificate will be issued after payment.