Some questions on patents 15

These three situations can apply for patents, patents are divided into invention and utility model two kinds, utility models only protect the product does not protect the method, the implementation of the first authorization system (but also because there is no substantive examination, the stability of the patent right obtained by the utility model is poor, as far as I know, many authorized utility models issued in the later stage of the patentability evaluation report are not optimistic), as long as the initial examination does not find too obvious errors will generally be granted in about a year, when there is a dispute or the patentee thinks it is necessary, The CNIPA may be requested to issue a patentability evaluation report for the court's reference, and the utility model protection period is 10 years; The examination period of the invention is longer, the examination is more strict, each case has to go through substantive examination procedures such as search, of course, the patent right obtained is relatively stable, the protection period is 20 years, and the invention can make the method or the product; I mainly do substantive examination of inventions, so from the perspective of substantive examination, I will briefly talk about your three situations: the first situation is based on the search, depending on whether your improvement point has obvious substantive characteristics and significant progress relative to the prior art, if the improvement point is too small, it may not be granted due to lack of inventive step; The second situation depends on whether your combination belongs to a simple superimposed combination, if the combined product is only a simple superposition of the functions before the combination, and there is no special function because of the combination, it will not be authorized due to lack of creativity; For the third case, in the substantive examination, we only pay attention to whether the technical solution for which you apply for protection meets the requirements of the three sexes, as far as the car and windshield you said are concerned, if the windshield meets the requirements of the three sexes, of course, it can be authorized for reference.

All three of the above scenarios you mentioned may be patentable.

It is necessary for you to transform, combine and derive products that meet the following three conditions:

1.Novelty, that is, all the technical features of your technology have not been disclosed before this, including journals, the Internet, textbooks, operating manuals and patent documents. Confidentiality is not considered public.

2.Inventiveness, i.e., your technical solution has substantial features and improvements compared to existing technologies. The invention patent requirements have outstanding substantive features and significant progress. The utility model requirements are low.

3.Practicality: That is, your invention must be practical, such as combining a mobile phone and a broom, which I personally feel is not practical.

In addition, in the examination of utility model patents, no prior art search is conducted, and no judgment is made on the claims of utility models. Only the substantive examination of invention patents is carried out in a comprehensive examination, so utility models are easy to be granted, and patentability is unstable.

1-3 can apply for patents, patent applications are divided into invention and utility model two kinds, the invention requirements are relatively high, the need for novelty and inventiveness, the utility model requirements are relatively low, the protection period is shorter than the invention.

Whether the invention is patented or not depends on whether the height of your invention is enough, and it is inconclusive to simply ask such questions; In addition, the invention is not related to a specific invention, but to the prior art as a whole.

Friend, you can find Ningbo District 9 Intellectual Property ****, they are more professional and can deal with your problem. Contact them directly.

It depends on the claims in your patent application documents, and whether the improved ones are still within the scope of protection of your claims.

Patent monetization methods:

1.If your patent is a basic patent, you can profit in the form of a court lawsuit to discourage the person from compensation. There seems to be a GEM listed company in Guangzhou that does a USB flash drive, and it seems that 30% of their performance is obtained through this form.

2.Authorize it to other companies and license him to produce and sell, so as to make a profit.

According to the provisions of China's patent law, China's patents are "first-to-file system", and this sentence has two meanings: 1. Whoever applies first will own the patent; 2. You have to take the initiative to apply before you can be authorized.

If what you say is true, and Xiao Gang can provide legally valid evidence that it was published before the patent application date, then the use of such evidence can invalidate Xiao Gang's patent right. i.e.: The answer to your first question is:

If Xiao Gang's patent is authorized, it can also be invalidated through the "invalidation channel" of the law, that is, the patent right is lost. We call the stability of the patent unstable.

According to the "first-to-file system" explained above, Xiao Ming has never filed a patent application at all, so he will not obtain a patent right by chance. So the answer to your second question: it is impossible for Xiao Ming to own the patent.

From another point of view, the prerequisite for the grant of a patented technology is that it has not been disclosed or publicly used before the filing date. That is, under normal circumstances, the technology for which the patent is applied should be kept "confidential" and not known to the public before the filing date.

If a technology has been disclosed, no one who applies for a patent for the technology after the date of publication cannot grant a license, even if the person who disclosed the technology is the person who filed the patent. Therefore, since this technology has been disclosed by Xiao Ming, no one can own the patent right of the technology within the time after Xiao Ming discloses the technology.

Xiao Ming has used Weibo to announce the relevant technology, and the announcement cannot enjoy the "grace period"; Therefore, the technology is no longer eligible for patenting, and no one can obtain patent protection for this technology.

This is a matter of disclosure and will affect the novelty and inventiveness of the patent.

If the core content of the technology has been disclosed, then there is no patent.