What does it mean that the detection method does not have independent intellectual property rights

The meaning is not that you invented it yourself, using someone else's patent.

Legal analysis: independent intellectual property rights are aimed at the citizens of their own country, which refers to the exclusive rights they enjoy in the proprietary technology, software, patents and trademarks they develop, develop and produce, and are also called their own intellectual property rights.

Legal basis: Article 11 of the Patent Law of the People's Republic of China After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process for the purpose of production and operation. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.

Independent intellectual property rights: In China, the term "independent intellectual property rights" refers to the ownership of certain technical intellectual assets independently owned by Chinese public sedan chair Li Min, legal persons or unincorporated units through the research and development or design and creation activities led by them, and independently owned in accordance with the law, including intellectual property rights purchased from other Chinese citizens, legal persons or unincorporated units.

1. The term "Chinese legal person or unincorporated unit" refers to a legal person or unincorporated entity whose original capital composition is not dominated by foreign capital;

2. The sovereign"Led R&D or design creation"It includes independent research and development or design creation, as well as research and development or design creation in which one's own creative labor is the main one in the work of joining hands with others;

3. The so-called intellectual property rights refer to the design of new technology products including invention patents, proprietary technology related to scientific and technological achievements, computer chips (including databases, multi-technology and network products), layout design of integrated circuit chips, new varieties of animals and plants, and varieties of traditional Chinese medicine.

Independent intellectual property rights: In China, the term "independent intellectual property rights" refers to the ownership of certain assets independently and independently owned by Chinese citizens, legal persons or unincorporated units through the research and development or design and creation activities led by them, including intellectual property rights purchased from other Chinese citizens, legal suspects or unincorporated units.

1. The term "Chinese legal person or unincorporated unit" refers to a legal person or unincorporated entity whose original capital composition is not dominated by foreign capital;

2. The sovereign"Led R&D or design creation"It includes independent research and development or design creation, as well as research and development or design creation in which one's own creative labor is the dominant position in cooperation with others;

3. The so-called intellectual property rights refer to the design of new technology products including invention patents, proprietary technology related to scientific and technological achievements, computer chips (including databases, multi-technology and network products), layout designs of integrated circuit chips, new varieties of animals and plants, and protected varieties of traditional Chinese medicine.

"independent intellectual property rights", that is to say, it is mainly obtained by means of self-research and development, commissioned research and development, cooperative research and development, etc.

"Independent intellectual property rights" require that the creative acts of the intellectual property owner be contained in the intellectual product. Creativity includes pioneering inventions and creations, as well as improvements and combinations on the basis of original technologies.

The national recognition of the acquisition and existence of independent intellectual property rights, that is, the right determination of the relevant state institutions is required.

Seeking development under the new situation requires innovation, mastering core and key technologies also requires innovation, and seeking the way to build a country with intellectual property in the future lies in innovation. We have to think that our predecessors dare not think, do what our predecessors dare not do, and create the experience of the predecessors. At the same time, it is necessary to learn and learn from the advanced experience of foreign countries, find the right entry point, aim at the forefront of innovation and development, increase investment, tackle key and difficult problems, firmly grasp the bottlenecks restricting the development of the national economy, do not let go, look for breakthroughs through multiple channels, lead practical innovation with theoretical innovation, and vigorously promote the realization of an innovative country.

Some people who have little knowledge of intellectual property law often mistake their self-developed new products for products with independent intellectual property rights, but this is not the case. In fact, a new product developed by oneself can only be called a product with independent intellectual property rights if the software designed by the company has obtained copyright protection through patent application and patent rights, so that the intellectual achievements are clearly owned by the owner in the form of law, and the owner can control them without anyone interfering. On the contrary, although it is a new product developed by itself, it has not obtained intellectual property rights such as patents and copyrights, and the attribution relationship of intellectual achievements has not been determined in accordance with the law, so such a new product cannot be said to be a product with independent intellectual property rights.

Broadly speaking, the new products produced by oneself by paying fees and other forms of buying out the intellectual property rights of others, such as patents, etc., enjoy the right to freely dispose of and dispose of the intellectual achievements they have purchased, without the interference of the original rights holders, and the new products produced therefrom can also be said to have independent intellectual property rights.

Enterprises registered in China (excluding Hong Kong, Macao and Taiwan) have independent intellectual property rights in the core technology of their main products (services) in the past three years through independent research and development, transfer, donation, mergers and acquisitions, etc., or through exclusive licensing for more than 5 years;

The exclusive license referred to in the Guidelines for the Management of the Identification of High-tech Enterprises refers to the exclusive right of use of the intellectual property rights (patents, software copyrights, exclusive rights of integrated circuit layout design, new plant varieties, etc.) agreed in the agreement for more than five years by the technology recipient on a global scale, during which the technology party and any third party shall not use the technology.