What can an invention patent do, and what is the use of an invention patent

Jite intellectual property rights: 1. In the application stage, the application documents for utility models shall include: application for utility model patent, description, drawings of the description, claims, abstract and drawings attached to the abstract.

A utility model patent application must have drawings to the specification. If a patent ** institution is entrusted, a power of attorney shall be submitted. 2. At the examination stage, China implements a preliminary examination system for utility model patent applications.

During the preliminary examination, the examiner will issue a notice of amendment to the formal issues in the application document and a notice of reasons for reasons for reasons of office in response to obvious substantive issues, to which the applicant responds. Utility model patents are only subject to preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines whether the application for a utility model patent has the documents and other documents specified in Article 26 of the Patent Law

The types of patents have different provisions in different countries, and in China's patent law, they are stipulated: invention patents, utility model patents and design patents; The Hong Kong Patent Law stipulates that patents for invention patents, new styles and designs; Classified in some developed countries:

Invention patents and design patents.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof, which mainly reflects novelty, inventiveness and practicability. Patented inventions are divided into two categories: product inventions (such as machines, instruments and equipment, appliances) and process inventions (manufacturing methods);

Utility model refers to the shape, structure or combination of the product proposed to be suitable for practical new technical solutions, the grant of utility model patent does not need to go through substantive examination, the procedure is relatively simple, the cost is low, therefore, the small invention of tangible products such as daily necessities, machinery, electrical appliances, etc., is more suitable for applying for utility model patent;

Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. The object of protection of a design patent is the decorative or artistic appearance design of the product, which can be a flat pattern or a three-dimensional model, or a combination of the two, and the main condition for granting a design patent is novelty.

Business owners in need can be linked. System.

Sun Sheng (Yi Yi Lu. Baba Baqi. Siba Road Five), intellectual property rights, patents and trademarks, project declarations, all are available. Patents can be used for the following things: (1) Encourage innovation, including the innovation of school research and the innovation of company employee research and development.

2) Protect the intellectual property rights of the company or unit, and prevent others from stealing other people's innovations at will for defense.

3) Fight patent wars, for example, Google buys Motorola, Microsoft buys Nokia, a large part of them want to collect their patents, when you have enough patents, you can fight patent wars to protect yourself. The most famous is probably the patent battle between Apple and Samsung.

4) Advertising, patents are a good means of publicity, many companies like to detect the patent dynamics of other companies, in fact, it is also a kind of research and development or future trend.

5) Patent monopoly, Qualcomm is the most obvious in this regard, and each of your smartphones may have to be given Qualcomm patent fees.

6) Patent transfer: Many companies or individuals apply for patents in order to transfer patented technology and make a profit.

A patent can only be obtained by applying for grant, rather than being automatically granted at the time of creation. Patent rights are protected by law in China, and naturally others are not allowed to infringe at will.

1. What is the use of patent rights?

The first is to effectively protect inventions and creations, the inventor applies for a patent for his invention, and the patent office discloses the invention-creation to the public in accordance with the law, grants a patent right, gives the inventor the exclusive right to his invention-creation within a certain period of time, and legally protects the invention-creation as a property right;

Second, citizens can be encouraged. The enthusiasm of legal persons to engage in invention and creation, give full play to the wisdom and wisdom of the whole nation, and promote the rapid development of science and technology in the country;

Third, it is conducive to the popularization and application of inventions and creations, promoting the transformation of advanced science and technology into productive forces as soon as possible, and promoting the development of the national economy;

Fourth, it is necessary to promote the disclosure and dissemination of invented technologies to the whole society, and to avoid duplicate research and development of the same technologies, which is conducive to promoting the continuous development of science and technology.

2. What are the rights of the patentee, and the rights of the patentee include two aspects: the patentee's personal right and the patent's property right.

1) Moral rights of patentsThe moral right of a patent mainly refers to the right of the inventor or designer of a patent to indicate in the patent documents that he is the inventor or designer of the patent, that is, the right of authorship, and the right of authorship does not disappear due to the transfer of the property right of the patent. In addition, there is the right to revise patent documents, etc.

2) Patent property rights.

Legal basis: The Patent Law of the People's Republic of China stipulates that "any unit or individual that exploits another person's patent shall enter into a written exploitation license contract with the patentee and pay the patent royalty to the patentee." The licensee does not have the right to allow any entity or individual other than those specified in the contract to exploit the patent.

Article 2 of the Patent Law refers to inventions, utility models and designs for the purposes of this Law. 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 solution 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.

How important are patents? The time to successfully apply for an invention patent is generally about 6-8 months, and you need to prepare before applying: 1 Invention patent request 2 Description 3 Claims 4 Specification 5 Abstract Drawings 6 The company's application fee is reduced, and it is necessary to go to the local intellectual property office or the Science and Technology Commission to issue a "fee reduction certificate" The advantages of marking the patent number or patent mark are:

1) The role of warning: to declare that the products they sell have obtained patent rights and are protected by national laws, and no one is allowed to imitate and sell them without permission (2) The role of differentiation: distinguish their products from the similar products of other enterprises to avoid confusion among consumers (3) The role of advertising:

By marking the mark or patent number of the patent, consumers can recognize that the product is superior to similar traditional products in terms of technical performance and use function, improve consumers' trust in the quality of the product, and expand the market share of the product After all the processes are successfully completed, the enterprise will get the acceptance notice and patent certificate, which means that the patent will be protected, and the enterprise can also be licensed and charged a certain patent fee for the liquid infiltration of its own products. In the social environment of encouraging innovation, protecting innovation and attaching importance to intellectual property rights, patents have become the most important bargaining chips for the development and competition of enterprises.

Invention patents are one of the three types of patents protected by patent law, and they have the most stable legal status and the highest technical value.

The invention of an invention patent refers to a new technical solution proposed for a product, a process or its improvement. It can be divided into product invention and method invention. A product invention refers to an invention that appears in the form of a substance, such as a machine, instrument, new material, new substance, etc.

A process invention refers to an invention in the form of a procedural process, such as the manufacturing and processing technology of a product, the use of a product, a chemical method, a biological method, etc.

To apply for a patent for an invention and a rough hole, the following conditions must be met:

Novelty. It means that the same invention-creation has not been publicly published in domestic or foreign publications, has not been publicly used in China or otherwise known to the public, and has not been applied for by other people's patent offices before the application and has not been recorded in the patent application documents published after the filing date. A disclosed invention does not lose novelty in the following cases.

The novelty of an invention for which a patent application is filed does not lose in three cases: if it is first exhibited at an international exhibition within a month prior to the filing date, or if the contents of the invention are first published at an academic conference or technical conference without the consent of the applicant.

Creativity. It means that the invention has outstanding beneficial features and significant progress compared with the prior art before the filing date. Substantive characteristics refer to the technical characteristics of an invention or creation, which are fundamentally different from the prior art, have the effect of right and wrong, and are conducive to promoting scientific and technological progress.

Practicability. It means that the invention and creation of the patent can be applied in the production of manufacturing and function, and can produce positive effects, the technical solution is complete and feasible, and the middle technical personnel in the same technical field can be repeated for many times with the same effect, that is, it must have implementation and reproducibility, and must be able to produce higher economic benefits and sociality.

China's "Patent Law" stipulates that: the following items shall not be granted patent rights1 scientific discoveries; 2. rules and methods of intellectual activity; 3. Disease diagnosis and methods; 4. New varieties of animals and plants; 5. Matter transformed by atomic nucleus.

Compared with utility model patents, the conditions for obtaining invention patents are more stringent, and in terms of inventiveness, model models only require practical characteristics and progress. In terms of novelty, it is not as demanding as a design, which requires not only that no identical design has been disclosed, but also that no similar design be known.

The term of an invention patent is 20 years, while that of a utility model or design is 10 years.

First of all, invention patents have the highest gold content among all patent types, and have strong stability and are not easy to be invalidated, which is the most important choice for individuals or enterprises to choose to protect important innovation achievements;

Secondly, the advantage of applying for an invention patent is that the invention patent is of high quality, which is the embodiment of the innovation ability and core competitiveness of the enterprise or individual. In addition, invention patents also have great commercial value, are important intangible assets of enterprises or individuals, and have good economic benefits;

Finally, invention patents have the longest protection period, up to 20 years, which is conducive to technology monopoly.

It is precisely because of the high gold content of invention patents and the difficulty of applying for them that invention patents are of great significance to both enterprises and individuals.

1. Conditions for applying for invention patents.

1. The application procedure for invention patent includes seven stages: application, acceptance, preliminary examination, publication, substantive examination, authorization and announcement.

2. The patent application documents shall be submitted to the State Intellectual Property Office, which must be written or electronic and filled in in accordance with the prescribed format.

3. The second paragraph of Article 2 of the Patent Law of the People's Republic of China defines invention as follows: invention refers to a new technical solution proposed for a product, process or improvement thereof.

4. China's Patent Law stipulates that an invention for which a patent right is granted shall be novel, inventive and practical.

1) Novelty, which means that the invention does not belong to the prior art; There is no unit or individual who has filed an application for the same invention 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.

2) Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art prior to the filing date.

3) Practicality means that the invention can be manufactured or used, and can produce positive effects.

4) "Prior art" refers to technology that has been known to the public at home and abroad before the filing date.

Therefore, novelty, inventiveness and practicability are the substantive conditions for granting an invention patent.

2. What should I do if the invention patent application is rejected.

After a patent application is refused, it can be processed in the following steps:

1) First of all, read the notice of rejection carefully. The examiner will state the reasons for the rejection in the notification of the decision of refusal. Carefully reading the notification of refusal will help you understand the examiner's opinion and make appropriate decisions based on it.

Next, a request for reexamination is submitted to the Patent Reexamination Board. If you feel that the examiner's opinion is unreasonable, you can submit a request for reexamination to the Patent Reexamination Board within three months of receiving the notification of refusal, and pay the official fee for the reexamination at the same time. In the request for reexamination, it is necessary to state why you feel that the examiner's opinion in the refusal decision is incorrect.

It is also possible to amend the application documents at the same time as submitting a request for review to overcome existing problems. In other words, if the examiner's opinion is truly justified, then it is possible to obtain authorization by making changes to the application documents.

2) Finally, if the result of the rejection remains unchanged after the appeal is filed, the Patent Reexamination Board may be the defendant in filing a lawsuit with the court.

Legal Analysis:1Acquisition of monopoly rights. The patentee can directly prevent the corresponding competition from commercial opponents and obtain higher profit returns.

2.As a defensive shield. If the inventor fails to apply for a patent in the first place, competitors will be the first to do so, and all the efforts of the inventor will be in vain, and the inventor himself will not be able to use his own scientific research results.

Legal basis: Article 11 of the Patent Law of the People's Republic of China After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process for the purpose of production and operation. 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.