Will patent rights hinder innovation to some extent?

Jite intellectual property rights: invention patent rights are the exclusive rights to the new technical solutions proposed by products, methods or their improvements, generally referred to as invention patents. There are generally three conditions for granting an invention patent:

Novelty. That is, the same invention has not been publicly published in domestic or foreign publications, has not been publicly used in China or otherwise known to the public before the filing date, and the same invention has not been filed with the Patent Office by another person and recorded in the patent application documents published after the filing date. Creativity.

That is, compared with the art prior to the filing date, the invention has outstanding substantive features and significant progress. Practicability. That is, the invention can be manufactured or used, and can produce positive results.

Whether the role of the patent system in discouraging or incentivizing innovation has been debated in practice, especially in many countries, where patent trolls rely on patent litigation strategies to make huge profits without actually producing any products, which will inevitably hurt the subject of innovation and hinder competition.

Historically, there have been "anti-patent" movements in Germany and the Netherlands, in 1869 the Netherlands also repealed the patent bill, Switzerland also vetoed the patent bill many times, Britain had considered weakening patent protection, France did weaken patent protection during the Revolution, but the economic depression in the 70s of the 19th century revived patent protectionism, and the "anti-patent" movement basically ended.

Excessive patentsProtectionThere are no definite pros and cons, and there are no rules. In different countries, different development periods and different industries, enterprises, enterprises and the public will have different interests and expectations for intellectual property, and the final result will inevitably be a compromise of the interests of all parties.

First, patents can be discussed within the framework of intellectual property, and the criteria and definitions are clear. The analysis of patents can be better generalized to other IP-related topics.

Secondly, the issue of patents is important enough, and the output value of patents involved is very large. In industries such as semiconductors, pharmaceuticals, and biotechnology, obtaining and protecting patents is an important part of the work of universities, companies, and other research institutions.

Finally, the literature on patents is particularly rich, and there are many discussions in the fields of law and economics, and the methods are relatively diverse, which is particularly conducive to comparison and discussion. This new answer does not change the previous conclusion: there are no definite advantages and disadvantages of intellectual property rights, and there are no definite rules.

In different countries, different development periods and different industries, enterprises, enterprises and the public will have different interests and expectations for intellectual property, and the final result will inevitably be a compromise of the interests of all parties.

In fact, there have been iterations in the proliferation of the patent system. In Germany and the Netherlands, there were "anti-patent" movements, in 1869 the Netherlands also repealed the patent law, Switzerland also vetoed the patent bill many times, Britain had considered weakening patent protection, France did weaken patent protection during the Revolution, but the economic depression of the 70s of the 19th century revived patent protectionism, and the "anti-patent" movement basically ended.

In China, in the early eighties of the last century, when the "Patent Law" was drafted and submitted for review, there were great differences in all aspects, not only department leaders, but also some experts and scholars who had applied for patents abroad and were very influential figures.

Today, historically, all countries in the world are currently in the "era of heavy patents" pioneered by the United States. However, with the current frequent occurrence of patent lawsuits such as the Apple and Samsung wars and the phenomenon of patent trolls, some people believe that the patent system, which was originally used to encourage innovation and promote progress, has been reduced to a tool used to attack, prevent, trap and slander competitors, so that patents have been abused and the patent system hinders innovation and development.

While there is still room for improvement in the patent system, there is no doubt about its role in promoting innovation in the past, and will continue to do so, in promoting more dynamic innovation activities.

First of all, the examination action of a general invention patent says that the claim is not inventive. Don't be too anxious, it's normal for IP offices to control the grant rate and improve the quality of patents in the past two years.

Clause. 1. First, see whether the examiner says that there is no inventive step for all the claims, and if so, for the sake of authorization, you can consider adding the claims that the examiner did not comment on the inventive step to the exclusive right. In this case, the examiner will generally accept it and grant the patent.

Clause. 2. If the examiner says that all the claims are evaluated as having no inventive step, then it is necessary to consider the argument with the examiner, whether what the examiner said is reasonable, and whether the comparison documents found are indeed the same as those of the invention patent.

1. Substantive examination of patents.

After the publication of the invention patent application, if the applicant has filed a request for substantive examination and it has taken effect, the applicant shall enter the substantive examination procedure. If the application for a patent for invention has not been submitted for substantive examination within three years from the filing date, or if the request for substantive examination has not taken effect, the application shall be deemed to be withdrawn.

During the substantive examination, a comprehensive examination will be conducted on whether the patent application has novelty, inventive step, practicability and other substantive conditions stipulated in the Patent Law. If it is found that it does not meet the authorization conditions or has various defects, the applicant will be notified to state its opinions or make amendments within the specified time, and if it does not reply within the time limit, the application will be deemed to be withdrawn, and if the application still does not meet the requirements after multiple responses, it will be rejected.

If no grounds for rejection are found in the substantive examination, the authorization procedure will be entered in accordance with the regulations.

2. What are the patent application documents?

The legal documents submitted at the time of patent application must be in written form and filled out in accordance with the uniform format prescribed by Sakura. To apply for different types of patents, you need to prepare different documents.

1) If an application for an invention patent is made, the application documents shall include: a request for a patent for invention, a description (if necessary, a description with drawings), a claim, an abstract and its drawings (which must be provided when there are drawings to the description).

With regard to the drafting of claims, the claims shall be based on the description, describe the technical features of the invention or utility model, and limit the scope of protection of the patent application. After the patent right is granted, the claims are the basis for determining the scope of the patent for invention or utility model, and also the basis for judging whether the other party is infringing, and has direct legal effect. Claims are divided into independent claims and dependent claims.

The independent claims shall reflect the main technical content of the invention or utility model as a whole, and it is the claim that records the necessary technical features constituting the invention or utility model. A dependent claim is a claim that refers to one or more claims, and it is a claim that includes all the technical features of another claim (or claims) and contains technical features that are further restricted. Claims must be drafted with rigour, accuracy and a high degree of legal and technical skill.

Innovative acts are not infringing

For. The Patent Law stipulates that the production, use, sale, sale and import of domestic products are infringements if the purpose is only for profit.

In addition, the specific infringement determination depends on whether the technical features contained in your product fully cover the claim 1 of the other party's patent. In other words, one or more of the technical features of claim 1 of the other party are not used in your product, and it is also non-infringing.

The new utility patent is its own if it is changed to another word. The state protects the patent number, not the technology itself, as long as your product is not advertised or sold by the other party's patent number.

No, you already have a certain degree of innovation, it is no longer the original patent, and you can apply for a utility model patent.

If someone doesn't sue you, you won't infringe, but if you do, you'll infringe.

It depends, but at least re-innovation itself is not an infringement, and it can also be patented and authorized. Even if the re-innovation still falls within the scope of the protection claimed by someone else's patent, it may only cause infringement when it is implemented (such as producing a product or selling it).

It's not that the innovation must be better than the original, then it is valuable

Summary. Hello dear! An invention patent cannot be granted because it is not novel, and a patent cannot be granted in the following cases:

1. The subject matter of the application for grant of patent is not one of the inventions, utility models and designs; 2. The invention or utility model is not novel, inventive or practical; 3. The applicant is not qualified to apply for the grant of a patent; 4. Other circumstances under which a patent cannot be granted.

Hello dear! The invention patent cannot be granted because it is not novel, and the Chunchang patent cannot be granted under the circumstances of delay: 1. The object of the application for patent is not one of the inventions, utility models and designs; 2. The invention or utility model does not have novelty, inventiveness, or practicability; 3. The applicant is not qualified to apply for the grant of a patent; 4. Other circumstances under which a patent cannot be granted.

Legal basis: The invention-creation referred to in Article 2 of the Patent Law of the People's Republic of China refers to inventions, utility models and designs. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical scheme suitable for practical use proposed for the shape, structure or combination thereof of a product. Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. Article 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Article 45 From the date of the announcement of the grant of the patent right by the patent administration department, any unit or individual that considers that the grant of the patent right does not conform to the relevant provisions of this Law may request the patent administration department to declare the patent right invalid.

If that's what the question is asking for?

Yes, it does not have novelty Because on May 10, the new crown ** new drug discovered by Chinese scientists was authorized by the national invention patent.

Summary. Hello, invention patents cannot be granted because they are not novel. It is not possible to apply for a patent because of lack of novelty.

Hello, invention patents cannot be granted because they are not novel. It is not possible to apply for a patent because of lack of novelty.

First, the invention and utility model for which the patent right is granted shall have the antecedent, creative ingenuity and practicability of the new Huaitong. Novelty means that the invention or utility model does not belong to the prior art; There is also no unit or individual who has filed an application for the same invention or utility model with the patent administration department before the filing date, and it is recorded in the patent application documents published after the application date or the patent documents announced.

Second: Inventive step refers to the fact that compared with the prior art, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality refers to the fact that the invention or utility model can be manufactured or used, and which draft can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

Legal basis: Article 9 of the Patent Law of the People's Republic of China provides that only one patent can be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated and returned, and the applicant declares that he has waived the right to concentrate on the utility model, the invention patent right may be granted.

If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who first applied for the same invention.

What if that's the title?

It is not possible to obtain a patent application.

For inventions and utility models for which a patent is granted, Zhimin shall be novel, inventive and practical. Novelty means that the invention or utility model does not belong to the prior art; There is also no unit or individual who has filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded it in the patent application documents or published patent documents after the filing date.

Patents must be protected so that their hard-earned gains will not be stolen. This is to protect the inventor of the patent, and to punish those who have not worked hard. Only when we are on a level playing field can we continue to innovate.

By definition, any innovative solution that can produce technical effects can be applied for an invention patent. The term of protection for invention patents is 20 years, including product inventions and process inventions; Invention patent applications need to be substantively examined, the protection period is long, and the right status is relatively stable. When initiating a lawsuit, if the other party files a request for invalidation of the patent right with the Patent Reexamination Board, the court may not suspend the trial.

Invention patents include: product invention - is a technical solution for various new products, new materials, new substances, etc., which people have developed through research. These include:

Articles, substances, materials, tools, devices, equipment, instruments, components, components, circuits, alloys, coatings, cement, glass, compositions, compounds, pharmaceutical preparations, genes, etc. Method invention refers to the technical solutions such as operation methods, manufacturing methods and technological processes researched and developed by people in order to manufacture products or solve a technical problem. These include:

Testing methods, manufacturing methods, usage methods, communication methods, processing methods, methods of using products for specific purposes, etc. Improved invention refers to the improved technical scheme of elimination on the basis of the prior art. It may include the new combination of certain technical features of the empty positive, the addition of technical features on the basis of the loss of existing products or methods, the reduction of technical features or the replacement of technical features, etc.