Recently, the hinge patent dispute between Factory T and Factory H has become the hottest topic in the digital circle, causing heated discussions among netizens and fans. Different voices are intertwined, making people curious about the truth of this controversy.
However, regardless of the truth of the dispute, according to my inquiry from the State Intellectual Property Office of the People's Republic of China, the patent of Factory H is indeed an invention patent. In the following article, we will start from a neutral standpoint, conduct a small science popularization of patent knowledge, and do not take sides of the position (please do not sit in the right seat, this article will only give an example to explain).
For us ordinary people, what we know about patents is mainly "invention patents". An invention patent refers to a new technical solution proposed for a product, process or improvement thereof. The key lies in the conditions of authorization, and the invention patent requirements must have the novelty, practicality and inventiveness stipulated in the Patent Law, and all three are indispensable
1) The core of an invention patent lies in novelty, simply put, the technology you have is not available to others, and the examination period of the technology is long, and the pass rate is low. Novelty requires that the invention does not belong to the prior art, and that no other unit or individual has filed the same application with the national intellectual property administration department before the filing date, and that it is not recorded in the patent application documents or patent gazette published after the filing date.
Inventive step requires that the invention has outstanding substantive features and significant progress compared with the prior art.
2) Utility model patents mainly focus on the examination of forms and procedures, and the examination time is shorter and the pass rate is higher. To put it simply, large companies often use invention patents to advertise their technological prowess without emphasizing the total number of patents. Utility model patents are generally easier to pass and have a shorter examination period, making them suitable for the publicity of large enterprises.
Large enterprises usually apply for invention patents and utility model patents at the same time, and if the invention patent is granted, then the utility model patent can no longer be concerned. If the invention patent is not approved, at least the utility model patent is still there, and it can continue to be used for publicity.
Based on these popular sciences, we can conclude that Factory T claims that their patent application was filed in September 2020 and granted in January 2021;The patent application for Plant H was filed in December 2019 and published in June 2021. Based on these milestones, Factory T believes that their patents are not related to those of Factory H.
However, we found another patent in the disclosure of the State Intellectual Property Office of the People's Republic of China, that is, the patent for the water drop folding screen applied by Factory H in November 2016, which was disclosed in May 2018. The specific details are as follows:
(1) State Intellectual Property Office of the People's Republic of China
(2) Invention
(3) Application number: 2016110224493
(4) Application date: 201611.17
Through the above analysis, I believe that everyone has a certain understanding of the patent dispute between T factory and H factory. Next, I will summarize and think a little about this matter.
1.The importance of intellectual property protection: Whether it is an invention patent or a utility model patent, behind it is the hard work of scientific researchers and technicians. We should have a scientific and rigorous attitude towards patented technology, and give it full respect and protection.
2.Respect every patent: No matter which genuine patent it belongs to, we should give it the respect it deserves. As consumers, we should focus on product quality and experience, rather than focusing too much on business competition.
3.Improve the legal system: In view of the technical disputes between manufacturers, we should improve the relevant legal system in order to better solve similar problems. This can not only avoid wasting the public's network information resources, but also maintain a good working atmosphere.
4.Encouragement of scientific research and innovation: We should encourage scientific research and innovation and oppose low-cost "take-it-or-leave-it". Only by constantly innovating independently can we have more breakthroughs and developments.
Finally, I'd like to hear your thoughts on this matter. And this popular science story, I hope to bring you some inspiration and reflection. Again, this article is just a short story and is only for discussion and communication in the digital world. Thank you all for reading and supporting!