Patent issues, professional please enter, what are the patent issues?

Hello! With regard to the question you raised, the point of view of "there is a trembling" is correct, and I will add to it:

First of all, many inventions and creations are improved and innovated on the basis of the original technology, as long as the technical solution (or product) you want to apply for has "significant progress" and "substantial improvement" compared with the existing art, solves new technical problems, or achieves better technical effects, or other beneficial effects, you can apply for a patent. The original basic patent does not affect the grant of your patent application.

Second, the implementation of the technology after obtaining the patent right does not mean that the patent right of the basic patent is not infringed, because your technical solution includes all the technical features of the basic patent, which applies to the "comprehensive coverage principle" of patent infringement. However, there is no way to circumvent it, and the underlying patent needs to be analyzed, depending on the specific situation.

Thirdly, if you take 10,000 steps back and say that there is really no circumvention that the patent applied for must cover the necessary technical features of the basic patent, then you can consider: 1) requesting the basic patentee to license you to use the basic patent, and you pay a certain fee, 2) licensing the patent you applied for to the basic patentee for a certain fee, and 3) cross-licensing negotiations with the basic patentee, and the two parties jointly use the two patents.

If you have any further questions, you can add me.

Applying for a patent is not the same thing as manufacturing infringement.

Applying for a patent does not look at whether you infringe or not, but whether the product has innovative points, that is, inventiveness and novelty. If there is, and it can be achieved, it is not illegal, it can be authorized.

Infringement refers to commercial behavior in production and sales, and even if the other party sues you for infringement, it is in the process of producing and using the product, not in the process of applying for a patent.

If you want to put it into production, it is best to negotiate with the patentee and finally be satisfied with both parties.

You can apply and, if you can authorize, sign a license agreement with someone else.

If it is a utility model, it is easy to say, because the utility model is not subject to substantive examination, of course, this does not guarantee the validity of your patent in the future; If it is an invention, it depends on your technology, and the invention patent is subject to substantive examination, and if you directly use someone else's patent, and do not have the three characteristics (practicality, novelty, and inventiveness), it is difficult to get authorization; The above opinions are for reference only.

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.

You say that these parameters are limited to some embodiments listed in the claims or in the subsequent specification, and if the latter is the case, it generally does not limit the scope of rights.

If it is the former, it depends on the level of drafting of the claims.

If he writes all ABCDs to the main claim, that is, one claim, then as long as the implementation of another person does not match one of the characteristics, it will jump out of the scope of its claim, for example, if the implementation of ABCE by another person is likely not to infringe. (This situation is common in writing and applying for patents by oneself, regardless of the technical features written in one go).

The above is a general judgment, and it also involves whether the above-mentioned features are necessary technical features or publicly known technologies, etc.

Yes. Counted. Generally speaking, the values of the formulas in invention patents are very vague. Within a certain range, the values will not be very clear. It's all probable. If it is within the approximate value. It also belongs to his patent.

The parameters given by the applied patents are generally range values, and the fixed values will not be given, otherwise the patent protection is not good.

It is known that the scope of the patent has been determined, and the scope value of the production of others falls within the range of the value of the patent applied, so it is infringement.

The point is, does he adjust the range and get the same result as you? Can such a result be inferred based on the knowledge of the technician? If so, there is a high possibility of infringement, because if you have something new, sometimes it can be theorized like this, if you only change the process route, it will be difficult...

The same is true for the supplementary problem, if it is, it is basically an infringement, and the specific problem still needs to be analyzed in detail. . .

You have to collect evidence, and if the evidence can prove that the technology was disclosed before he applied for it, then you can go to the State Intellectual Property Office to request that the patent be invalidated.

If you can't prove that it's been published, then you can at least prove that the technology was already in use before he applied for it. If you can prove it, then at least you can continue to adopt this technology. (Different from the first type of evidence, the first type of evidence is to prove the disclosure, such as the product is sold in the market, or the technology is recorded in domestic or foreign journals and publications, or even the public technical documents of a foreign company.)

The second type of evidence is to prove that you were already using it before he applied for it, which is different from making it available to the public

If you can't prove that you know it's an old technology, but you don't have any evidence, and you can't find it in any magazine, textbook and other public documents, then there's no way, the evidence only shows that it's a new technology... You can't prove that you used it before, so you have to not use the technology, or pay him to buy the right to use it (i.e., license the technology).

It is still a matter of evidence. If it is not a new technology as you mentioned, you can search the world for various publications and patent documents, and maybe you will find reference materials before the filing date.

Of course, you can continue to use it if you want to infringe. If people can't find out or don't want to sue you...

Hello: If your company wants to expand the use of the patent, you need to work hard to gather evidence to invalidate the patent, as the first floor said. If you only intend to continue using it within the existing range, you don't have to worry about it.

According to the relevant provisions of China's patent law and patent implementation rules, those who have used the technology to produce or are ready for production before the patent application date have the right of prior use, and as long as they continue to use it within the original scope, it will not be regarded as patent infringement.

Hope the answer is helpful to you.

1. A switch that connects two pipes, and is characterized in that when the two pipes are turned to a specific angle, the two pipes are connected.

2. The water pipe switch according to claim 1, wherein the specific angle is ** degree to ** degree.

You didn't explain the structure of the switch, you just made a functional description.

For example, how are the two pipes connected to the switch? Is it on the same axis? What direction does rotation refer to?

What is the location, shape and structure of the hole?。。

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?

According to Article 23 of the Patent Law of the People's Republic of China, the design lease scheme for which the patent right is granted shall not belong to the existing design of the Patent Rule; Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date.

The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design.

The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date.

For the purposes of this Law, the term "existing design" refers to a design that was known to the public at home and abroad before the filing date.

Therefore, your case cannot be patented, but there is no problem if it is produced on a small scale for your own use.

It is considered an infringement, and you can no longer apply for it.

The patentee is the applicant, not the inventor.

The inventor of the patented technology has the right of authorship, and the inventor of the signature should have contributed to the inventiveness of the technology.

Normally, it would be inappropriate to add other inventors.

After the patent is granted, the enterprise or unit should give the inventor a reward.

At the same time, part of the proceeds from patent assignment and licensing should also be rewarded to inventors in the future.

If the patent becomes a national patent, especially in the United States, they require that it be filed in the name of the inventor as an applicant and then transferred, and the rights belong to all inventors at this time.

Of course, if you just take the title, you won't have a shadow stool. Don't think about it, just get to work.