Patent issues, what are the patent issues?

1. With such a substantial increase in the number of patent applications, can it be shown that patents are indeed the most important assets of enterprises, and can it be understood that these patents will be able to help enterprises generate competitive advantages?

No. (This question needs to consider who is applying for a patent.) Whether it is just an enterprise, or there are scientific research units, universities and individuals (there are also Chinese and foreigners in it). In the case of Chinese patents. Universities are still big patent makers.

2. Is the number of patent applications in a country related to the economic development of that country? Why have countries in developing countries maintained the top three in terms of the number of patent applications received by their patent administrations in recent years?

Because China has the world's largest market of 1.3 billion people, (the key to this question is: patents are exclusive and protective), holding Chinese patents is of great significance for products to enter or maintain patentees in China.

3. According to the above statistics, can it be proved that China has become the most competitive country in the world since 2006?

Answer: Same as the answer to question 2. The huge increase in the number of patents is what Japan and South Korea experienced in the 80s and 90s.

Quantitative growth cannot simply be understood as an increase in "competitiveness", but it can be understood as follows: 1) China has begun to focus on intellectual property because it is already generating knowledge and is convinced that the benefits gained from the knowledge generated by it are greater than those obtained through infringement (e.g., copying things from other countries). 2) Domestic enterprises and important multinational companies (the United States, Europe and Japan) have begun to pay attention to China as an important market, and patents are their first step into China.

4. Please combine the data statistics and the thinking of the above three questions, and talk about your feelings after reading these data.

Answer: 1) It is necessary to improve China's intellectual property system and reduce loopholes. From a legal point of view, the interests of law-abiding persons are fully protected.

2) The sharp increase in the number of applications is actually a wake-up call for domestic enterprises, which do not occupy a favorable terrain in intellectual property rights, and will fall into the patent barriers of foreign companies in the future, and it will be more difficult to make a difference in China.

3) China's innovation system is in the stage of improvement.

Patents are the internal strength of enterprises.

Legal Analysis: In a broad sense, prior art is technology that existed before the date of publication of the patent application. Prior to a patent application, a prior art search is conducted to determine the viability of the patent.

Any publicly available information, such as published or granted patents, academic research publications, business journals, and product descriptions, can be used as the basis for prior art. In addition to this, disclosure in any language is also included.

Legal basis: Article 3 of the Patent Law of the People's Republic of China *** The patent administration department is responsible for the management of patent work nationwide; Uniformly accept and examine patent applications, and grant patent 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.

1. You can apply for a patent.

2. Now more than 99% of the utility model patents and most of the invention patents are technical improvements in existing products and equipment, and this foldable chopsticks is an improvement on the existing chopsticks, and it is possible to apply for utility model patents.

3. You have to apply for a patent for this foldable chopsticks, which protects the foldable structure, which is the part of your innovation, not the whole chopsticks.

4. If no one has invented this foldable chopsticks before, you can also apply for an invention patent at the same time.

Chapter IV of the Patent Law of the People's Republic of China provides detailed provisions on the examination and approval of patent applications

Rule 34 After receiving an application for a patent for invention, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and publish it immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

Rule 35 Within three years from the filing date of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

Article 36 When an applicant for a patent for invention requests substantive examination, he or she shall submit reference materials related to his invention before the filing date.

If an application for a patent for invention has already been filed in a foreign country, the patent administration department may require the applicant to submit the materials of the search conducted in that country for the purpose of examining the application or the information on the results of the examination within the specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed withdrawn.

Rule 37 If the patent administration department finds that it does not comply with the provisions of this Law after conducting a substantive examination of an application for a patent for invention, it shall notify the applicant and require it to state its opinions within the specified time limit or revise the application; If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 38 Where an application for a patent for invention is still considered by the patent administration department to be inconsistent with the provisions of this Law after the applicant has stated its opinions or made amendments, it shall reject it.

Article 39 Where no reason for rejection is found in an application for invention for invention after substantive examination, the patent administration department shall make a decision to grant the right of invention for invention, issue a certificate of invention patent, and register and publish it at the same time. The invention patent right shall take effect from the date of publication.

Article 40 Where no reason for rejection is found in an application for a patent for utility model or design after preliminary examination, the patent administration department shall make a decision to grant a patent for utility model or a design patent, issue a corresponding patent certificate, and register and publish it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

Article 41 The Patent Administration Department shall establish a Patent Reexamination Board. If the patent applicant is dissatisfied with the decision of the patent administration department to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After the review, the Patent Reexamination Board makes a decision and notifies the patent applicant.

If the patent applicant is not satisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the people's court within three months from the date of receipt of the notice.

Hello, you can search first, if no one has registered the relevant technology, then you can apply for a utility model patent, which does not require substantive examination, and it is relatively easy to apply for it.

Portable, yes.

It is just that if there are several conditions for applying for a patent, it is originality, novelty and practicality. It's all there, and that's it.

If you apply for a soy sauce bottle on top of the chopsticks, it may not be possible, and it is not practical.

You can apply! Beneficial improvements that have been made on the basis of the previous ones can be done.

First of all, see if the product you are asking for a third party is patented.

Of course, it is illegal to find someone else to entrust production.

And now the punishment is severe!

It's like the Apple that Foxconn now produces; It's not whoever gives him money, he will do it for whomever you give] If you give money, he won't do it for you.

Because the iPhone belongs to Apple; Did they apply for patent protection?