Invention refers to a new technical solution to a product, method or improvement thereof < /p>
an invention is one of three types of patents protected by patent law,The most stable legal status and the most technically valuable
The inventor can only apply for this technical solution to the Patent Office and pass a series of strict examinations, especially for novelty, inventive step and Practical review. 1. Product invention (including material inventions) are technical solutions about various new products, new materials, new substances, etc. developed by people through research. A product under patent law can be an independent and complete product, or a component in a device or instrument. Its main contents include: manufactured products, such as machines, equipment, and various supplies and materials, such as chemical substances, compositions and other products with new uses.
2. Method Invention Refers to the technical solutions such as operation methods, manufacturing methods and technological processes that are researched and developed by people to manufacture products or solve a technical topic. A method can be a complete process consisting of a series of steps, or it can be a step, which mainly includes: a manufacturing method, that is, a method of manufacturing a specific product; and other methods, such as measurement methods, analysis methods, communication methods, etc.; new use.
3. Which inventions can be patented Generally speaking, the achievements obtained in the process of technology development and new product development should be applied for invention patents because of their high technical level. The technology applied for an invention patent can either be a pioneering or pioneering type that brings revolutionary changes to a certain discipline or a certain technical field The invention can also be an improved invention with partial improvement and development on the basis of the prior art.
1. To acquire a monopoly. The patentee can directly prevent the corresponding competition of business opponents, and can obtain higher profit returns.
2. As a defensive shield. If the inventor fails to apply for a patent at the first time, the competitor will take the lead. At that time, all the research and development efforts of the inventor will be in vain, and the inventor himself will not be able to use his own scientific research results.
3. Earn royalties. A patent, even if there is no immediate need in the market, it is very likely that people will perceive the use of the patent in the future and are willing to pay royalties. Xerox invented the graphical user interface, but did not apply for a patent, and then Microsoft and Apple The company used the graphical user interface as the basis for its personal computer operating system, and preliminary estimates put Xerox's lost nearly $1 billion in royalties, while IBM, on the other hand, earned $1.7 billion by transferring patents in 2001. income.
4. It is conducive to scientific and correct decision-making of enterprises. Through patent analysis, enterprises can understand technological trends, industry trends, market trends, and new product trends, and then forecast, formulate near-, medium-, and long-term development plans for the enterprise, determine which products the enterprise develops to occupy the market, and maintain the leading position of the enterprise. , to expand market share.
5. Increase the value of the enterprise. If the company has several valuable patents, if a third party is willing to invest in a company, the company's stock price will be greatly increased. In 1997, Microsoft purchased a small company with less than 6,000 users for US$425 million. The purchase price was 40 times the industry average price calculated by the number of users. Microsoft was willing to pay this share price because the company held 35 Internet-based companies. Important patents for delivering TV content.
6. The small wins the big to enhance the competitiveness of the enterprise. Patents are equally important to large, medium and small enterprises as well as new-type enterprises. In a highly competitive market, new inventions that can be patented by small enterprises can outweigh the leading products established by large enterprises with huge advertising.
7. Assist in developing foreign markets. As of 2013, more than 170 countries and regions in the world have established and implemented the patent system. Many foreign buyers, especially American buyers, will require local manufacturers or sellers to prove that they own the intellectual property rights of their products, so as to protect themselves against Involved in infringing rights lawsuits, so that they will be willing to trade.
Exclusive Exclusivity is also called "exclusivity". exclusive rights to manufacture, use, sell and import and export. That is to say, any other unit or individual shall not manufacture, use, sell, offer to sell, import or export its patented products for production or business purposes, use its patented methods, or use its patented methods without the permission of the patentee, or without the permission of the patentee. Manufacture, use, sale, offer for sale, and import and export of products directly obtained in accordance with their methods for production and business purposes. Otherwise, it is a patent infringement.
Regional According to the principle of patent independence stipulated in the Paris Convention, the territorial characteristics of patent rights refer to the patent rights granted by a country in accordance with its own patent law, which are only valid within the jurisdiction of the laws of that country. Other countries have no binding force, foreign countries are not obliged to protect their patents, and only obtain a patent right for an invention-creation in China, then the patentee only enjoys the patent right or exclusive right in China. If someone produces, uses or sells the invention-creation in other countries and regions, it is not an infringement. It is very meaningful to understand the regional characteristics of patent rights. In this way, if Chinese units or individuals develop inventions and creations with international market prospects, they will not only It is only a matter of applying for a domestic patent in a timely manner, and it is also necessary to apply for a patent in other countries and regions with good market prospects without losing time, otherwise the foreign market will not be protected. Timeliness: The so-called timeliness means that all the exclusive rights granted by law to the patentee's invention-creation are only valid for the time specified by the law. After the expiration of the time limit, the patentee no longer enjoys the manufacturing , use, sell, offer to sell and import. So far, inventions and creations that were originally protected by law have become public wealth of the society, which can be used by any unit or individual for free.
Deadline China The protection period of invention patent, utility model patent and design patent stipulated in the current patent law is 20 years, 10 years and 10 years respectively from the filing date. Invisibility Patent rights are intangible, and many people often regard this feature of patent rights as the object of their protection—the technology protected by patent rights. In fact, intangibility is the patent right itself. Otherwise, for a trademark, the object is the pattern, which is obviously not intangible.
Invention is a A new technical solution, which can be understood as a breakthrough progress
A technical solution to solve various problems in production, scientific research and experiment by using a new solution, generally consists of several technical features.
Inventions are divided into two types: product inventions and method inventions
A-Product Invention Including all objects created by human beings, method inventions include all methods produced through inventions and creations using the laws of nature.
B-Method Invention It can be divided into two types: manufacturing method and operation method. In addition, an invention protected by patent law can also be an improvement on an existing product or process.
A-novelty means that there is no identical invention before the filing date, or the utility model has been publicly published in domestic and foreign publications, publicly used in China or known to the public in other ways,
No same invention or utility modelAn application has been made to the patent administration department of the State Council by others and recorded in the patent application documents published after the application date.
B-creativeness means that the invention has outstanding substance compared with the existing technology before the filing date The utility model has substantive features and progress.
C-Practicality means that the invention can be manufactured or used, and can produce positive effects, comprehensive technical solutions better.