Definition and classification of patents.
Patent is an important part of intellectual property rights, is the abbreviation of patent rights, it is the state grants the patent applicant in a certain period of time to the invention and creation of the right to enjoy, use and dispose of the right, it is a kind of property right, is the use of legal protection means "horse racing", monopolize the existing market, seize the potential market of the powerful **.
In our country, patents are divided into:Invention patentsUtility model patentswithDesign patentsThree types.
Patent application examination cycle.
For regular applications (non-special areas), the general time examination cycle:
Invention patentsTime to apply for authorization: generally about 1-3 years;
Utility model patentsTime to apply for authorization: generally about 7-14 months;
Design patentsTime to apply for authorization: generally about 5-8 months.
At present, in order to shorten the patent examination cycle, the State Intellectual Property Office has introducedPriority reviewwithExpedited pre-approvalTwo ways. The timing, application field, application type and acceptance authority of the two proposals are different, and the pros and cons need to be weighed in combination with the specific situation of their own patented technology. (The time for preferential examination and pre-examination authorization varies from city to city).
Principles of patent application.
1. The principle of first-to-fileGenerally, only one patent can be granted for the same invention-creation, and when two or more applicants apply for a patent for the same invention-creation, the patent right is granted to the first applicant. If the application is made on the same day, it can be settled through negotiation, or it can be transferred to one of the parties through joint application. If the negotiation fails, it will not be approved, and it can only be protected as a technical secret or made into a free public technology.
2. The principle of priority
China's patent law stipulates that if the applicant files a patent application for the same subject matter with the patent administration department within two months from the date of the first patent application for invention or utility model in China, he or she can enjoy the right of priority.
3. The principle of theme unity
An application for a patent for invention or utility model shall be limited to one patent for invention or utility model. Two or more invention patents or utility model patents that belong to a general invention idea may be filed as one application. A design patent application should be limited to one design used in one product. Two or more designs for the same class and as a set** or for a product used may be filed as a single application.
Benefits of filing a patent for a business.
1. Increase the market appraisal value of the enterprise and attract investors to better understand the start-up value of the enterprise
Enterprises applying for patents can strengthen their ability to control their own technology and rights, and increase their ability to attract investors, especially start-ups, which can greatly improve their own first-class rate and help increase the company's appraisal value, which can be described as a tiger with wings.
2. Give enterprises a monopoly position in the industry and enhance the ability to confront competitors
The patent itself has the exclusive right and exclusive right, and once a technology is patented, it can organize others to apply for a patent againOnce the patent application is granted, it is better to prevent others from appropriating or using the technology. With the application and authorization of patents, some technical protection will become the core competitive technology of the applicant enterprise, and will also become the bargaining chip of the enterprise itself to monopolize the industry, so as to enhance the ability to confront competitors.
3. While protecting technical secrets, enhance the influence in the process of technical cooperation
Patent application, in an appropriate way, can not only be used to protect technical secrets, but also to enhance the influence of cooperation with technical partners after disclosure or authorization, such as the use of patented technology to invest in cooperation, in a variety of ways, flexible and changeable.
4. Patent pledge financing loan to obtain financial support
The various businesses of enterprises are inseparable from the support of funds, and when funds are tight, enterprises can obtain certain financial support with the help of intellectual property rights. According to data, in the first half of 2022, the amount of national patent and trademark pledge financing reached 1,626500 million yuan, benefiting 9,760 enterprises.
5. Obtain the most relevant funding, and enjoy more benefits in terms of taxation and talent policies
Patents are an important indicator for the listing of enterprises and various qualification evaluations, such as in the national high-tech enterprise identification, the total score is 100 points, and the intellectual property items account for 30 points, and having a certain number of patents or other types of intellectual property rights is a necessary condition for the declaration of high enterprises. In addition, the declaration of specialized, special and new enterprises, the acceptance and evaluation of scientific and technological projects, etc., all require enterprises to have their own intellectual property achievements, and the more patents are numbered, the higher the quality, the easier it is to pass.
Benefits of filing a patent on an individual basis.
1. Individuals with 3 invention patents or utility model patents can join the China Inventors Association and become inventors.
2. Employees and technicians with patent certificates are easy to be promoted and reusedIt's easier to get a high salary and promotion.
3. Technical talents with patent certificates can use intellectual property rights to obtain shares and equity, become shareholders of the enterprise, and enjoy equity dividends every year.
4. Doctors, technicians, teachers, and scientific researchers with patent certificates can get extra points when evaluating their titles.
5. Civil servants with patent certificates are easy to be promoted as technical, professional, and professional.
6. For those who want to study abroad, if they have an invention patent certificate, they can apply for famous universities in the United States, the United Kingdom, Germany, and Canada, which is equivalent to adding points to studying abroad. With the same English score and the same Xi score, you can apply to a better school.
7. For people who want to immigrate abroad, with an invention patent certificate, they can immigrate with technology, low cost, fast visa speed and high visa success rate.
Patent application process.
There are certain differences in the application process between invention patents, utility model patents and design patents.
When a company applies for a patent.
Patents need to be applied for before innovations can be "seen".
A patent application is required before the product can be exported.
When there is a market opportunity and the competition is fierce, it is necessary to apply for a patent.
A company needs to apply for a patent before going public.
A patent application is required before the project is completed.
High-tech enterprises need to apply for patents before they are identified.
A patent application is required before the title can be assessed.
Precautions after applying for a patent.
Don't forget to pay the feeAfter the patent application is granted, the annual fee must be paid in time, and the patent will become invalid if the annual fee is not paid in time
Extension of the term of protectionThe term of the patent right for invention is:20 years, the term of the utility model patent right is10 years, the term of the design patent right is15 years, all from the filing date. Therefore, the patentee needs to continuously improve the technology and apply for a patent in order to extend the term of patent protection.
Update the ICP filing information in a timely mannerThe patentee shall file an application for change with the Patent Office in a timely manner when transferring or changing its address, and shall also file a license with the Patent Office in a timely manner when the patent is pledged or licensed.
Common misconceptions. WrongSelf-developed products can be protected without applying for a patentSome people believe that their self-developed products and technologies can be protected without applying for patents, and even think that publishing them in public means that they have the protection of the intellectual property rights. In fact, this kind of thinking is wrong. Unlike copyright, patent rights are based on the principle of first-to-file, and if you do not apply for a patent, you cannot be recognized and protected by law. In the event of infringement, the independent research and development results cannot be legally protected.
WrongIdeas that have not been molded or have not been put into production do not need to be patentedAs long as your patent has a practical idea, or even only a design drawing, or an idea, in line with the three elements of patent authorization, you can actually start to write the application materials, if you wait until the product is mass-produced, it can be said that "the daylily is cold"!
WrongThere is no need to apply for a patent after the patented product is improvedIgnoring the protection of rights in late-stage development work will allow opponents to get a head start in the fieldIf there is a new improvement in the product or technology, it is necessary to continue to apply for a patent. No patent can last for 20 years, and when a new alternative is introduced, the original patent may become worthless.
WrongInvest in patents by applying for patents in bulk and in large quantitiesAt present, the State Intellectual Property Office clearly wants to crack down on abnormal patent applications, such as these large number of applications, when necessary, will be targeted, regarded as a large number of abnormal applications, so it is not recommended that enterprises submit patent applications in large quantities, can be combined with the actual production situation or product protection needs, put forward a practical design or scheme, from a wider range of maximum protection, which is also the purpose of patent innovation and protection.