A company s products do not have their own patent rights

1. It is recommended to establish a patent management system in line with the company's current situation, and designate a special person to determine the functions and responsibilities and real-time maintenance of the work content, so as to ensure the stability of intellectual property work in the case of personnel flow, and it is easier for newcomers to complete the handover.

2. Companies with money can buy a management system, and companies with no money can use Excel** records to manage.

Or find a professional ** agency, they generally have the corresponding "patent management software, will manage the patent, so you can find the best agency to export the list, and the general ** agency will monitor the customer's case status for free, and remind the annual fee.

IP management software currently on the market.

There are not many developers, Flying Leopard Chain.

This new star can learn that its software development team is the first batch of Tengxun blockchain ecological partners in China and the first batch of low-level programmers in China.

An enterprise may not enjoy patent rights for its products, and the grant of patent rights is subject to strict restrictions, such as inventive step, novelty and other requirements, which can be referred to the Patent Law. The so-called patent infringement means that the features of the technology you use fall within the scope of protection of the technical features of the patent, so if you develop and produce an air conditioner by yourself, if the technology used does not fall within the protection scope of the existing patent, it will not constitute infringement. In addition, the protection of patents has a time limit, and the patented technology beyond the protection period will enter the public domain and can be used by everyone, which is also the need to balance the public interest and the interests of the patentee.

As for whether a specific company has applied for a patent for a certain technology, and whether the patent is still in the protection period, you can check it at the ** of the State Intellectual Property Office.

Gree's core advantage is not in patents, but in his sales channels, he has his own set of sales models, and is gradually getting rid of the control of Gome, and he is opening franchise stores, with Suning's boss Zhang Jindong said, who wouldn't build an air conditioner, give me funds and plants, it's OK! Controlling channels is the king, which is also the reason for Gree's success in recent years!

Common knowledge is not infringement, and the use of the unique core technology of other enterprises is considered infringement.

The core technology is basically patented.

The products produced by the company do not have patent rights. For example, if a worker makes use of the conditions of the employer to complete an invention-creation, the employer has the right to apply for a patent, and the employer is the patentee after the application is approved by the national patent administration department.

[Legal basis for Qi Sui].

Article 6 of the Patent Law of the People's Republic of China provides that an invention-creation is a service invention-creation that performs the tasks of the employer or mainly uses the material and technical conditions of the employer. The right to apply for a patent for a service invention-creation belongs to the unit, and after the application is approved, the single person becomes the patentee. The unit may dispose of its right to apply for a patent for a service invention-creation and the patent right in accordance with the law, and promote the implementation and application of the relevant invention-creation.

Article 13 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China refers to a person who has made creative contributions to the substantive features of the invention or creation. In the process of completing an invention-creation, a person who is only responsible for organizing the work, facilitating the use of material and technical conditions, or engaging in other auxiliary work is not an inventor or designer.

The patent right of the product refers to the right enjoyed by the patentee after being authorized by the patent administration department, and no one shall infringe on the patented technology for the exclusive implementation of the patented technology, unless otherwise stipulated by law, otherwise it shall bear the corresponding legal responsibility.

[Legal basis].

After the patent right for invention and utility model of the Eleventh Peilu Tiao of the Patent Law of the People's Republic of China is granted, except as otherwise provided in this Law, no unit or individual shall exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, imitate the sale, sell or import of its patented products for production and business purposes, or use its patented process and use, offer to sell, sell or import products directly obtained in accordance with the patented process. 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. Article 34 After receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, the patent administration department shall 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.

Article 60 of the Patent Law of the People's Republic of China on Celery provides that if the patent is exploited without the permission of the patentee, that is, the patent right is infringed, and the dispute arises, the parties shall resolve it through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter. If the department in charge of patent affairs finds that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition; If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61 Where a patent infringement dispute involving an invention patent for a new product manufacturing method is involved, the unit or individual that manufactures the same product shall provide proof that the manufacturing method of its product is different from the patented process.

If a utility model patent is involved, the people's court or the department in charge of patent affairs may require the patentee to issue a search report made by the patent administration department.

1. Other legal provisions, Article 62.

Article 63.

In the case of counterfeit patents, in addition to bearing civil liability in accordance with the law, the department in charge of patent work shall order corrections and make a public announcement, confiscate the illegal gains, and may impose a fine of not more than four times the amount of the illegal gains; where there are no unlawful gains, a fine of up to 200,000 yuan may be imposed; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 64.

When the department in charge of patent affairs investigates and handles suspected patent counterfeiting on the basis of the evidence already obtained, it may question the relevant parties and investigate the circumstances related to the suspected illegal acts; Carry out on-site inspections of the places where the parties are suspected of violating the law; Consult and copy contracts, invoices, account books and other relevant materials related to the suspected illegal acts; Inspect products related to suspected illegal acts, and seal or seize products that have evidence to prove that they are counterfeit patents.

When the department in charge of patent affairs exercises the functions and powers provided for in the preceding paragraph in accordance with the law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct them.

Yes, companies can enjoy patent rights. The company is the main body of the law and enjoys the ownership of intellectual property rights in accordance with the law, including patent rights. In practice, many companies will apply for patents to protect their inventions and innovations.

A patent refers to the right granted by the state to inventors and other technological innovators to enjoy exclusive use of inventions or innovations for a certain period of time if their inventions or innovations are highly recognizable, practical and inventive. Patent owners can enjoy the exclusive rights determined by their patents in accordance with the law, and obtain economic benefits from them.

A company's ownership of intellectual property rights, such as patents, can bring it a number of advantages, including the following:

1.Protect your own technical secrets and innovations from plagiarism, imitation and even infringement by others.

2.Patents can provide the company with a competitive advantage in the market competition and improve the company's core competitiveness.

Therefore, it is very beneficial for a company to have a patent that can help the company develop and grow better. In order to protect their intellectual property rights and obtain relevant patent certification, companies need to protect and manage their intellectual property rights, actively apply for patents, and strengthen intellectual property protection.

Legal Analysis: Owned by the Company.

Legal basis: Article 6 of the Patent Law of the People's Republic of China An invention-creation completed in the performance of the tasks of the unit or mainly by making use of the material and technical conditions of the unit shall be a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the unit is the patentee.

For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; After the application is approved, the inventor or designer is the patentee. Where the unit has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.