What is intellectual property?
Intellectual property rights refer to the right to possess, use, dispose of, and gain the fruits of intellectual labor. Intellectual property is an intangible property right. Like tangible assets such as houses and automobiles, it is protected by national laws and has value and use value. Some major patents, well-known trademarks or works are far more valuable than tangible assets such as houses and cars.
What is included in intellectual property?
Patent rights, trademark rights, copyrights, manufacturer names, new plant varieties, appellations of origin, source marks, trade secrets, the prevention of unfair competition, and other intellectual achievements.
What is a patent?
A patent is an abbreviation of patent right. It is the right of the state to grant the applicant the right to monopolize, use, and dispose of his invention and creation in accordance with the patent law. It is a property right. It is a powerful weapon that uses legal protection to "play horse enclosure", monopolize the existing market, and seize the potential market.
Patents are exclusive, temporal and regional.
Why apply for a patent?
Applying for a patent can not only protect your own invention achievements, prevent the loss of scientific research achievements, but also benefit scientific and technological progress and economic development. People can occupy the market space of new technologies and their products by applying for patents, and obtain corresponding economic benefits (such as making profits through the production and sale of patented products, transfer of patented technology, patent ownership, etc.).
What are the types of patents in China?
In China, patents include three categories: invention patents, utility model patents and design patents.
Invention refers to a new technical solution to a product, method or improvement;
Utility model refers to the shape, structure or combination of new technical solutions suitable for practical use;
Appearance design refers to a new design that is rich in beauty and suitable for industrial application to the shape, pattern, color or combination of products.
Duration of patent protection
China's Patent Law stipulates that the duration of protection of invention patent rights is 20 years, and that of utility model patents and design patents is 10 years, both of which are calculated from the filing date.
What are the requirements for applying for a patent?
New technology, new process, or new product must be applied for patents with three characteristics: novelty, creativity, and practicality. It must be emphasized that new products that have already been put on the market for sale, that is, lose their novelty, can no longer apply for patents.
Under what circumstances cannot a patent be obtained?
A. Scientific discoveries; such as the discovery of Nova, Newton's law of universal gravitation
B. Rules and methods of intellectual activities;
C. Diagnosis and treatment of diseases;
D. Animal and plant varieties, but the production method of the product can be granted a patent; (China has special regulations for the protection of animal and plant varieties)
E. Substances obtained by nuclear transformation.
What rights does the patentee have?
After the applicant's invention is granted a patent right: 1. The right to implement his patent on his own; 2. The right to transfer the patent; 3. The right to license others to implement his patent; 4. The right to prohibit others from implementing their patent without permission 5. The right to claim protection when the patent right is infringed; 6. The right to indicate the patent right on the product.
Temporary protection from application date to authorization date
How much does a patent cost?
Application status fee item Invention utility model design <br> Application fee for preliminary examination 900 500 500
Publication printing fee 50
Fee for request for actual examination in the actual examination stage 2500
Authorization stage registration, announcement printing cost 255 205 205
Full Agency Agency Fee 4000-8000 2800 1100
3705 705 705 Subtotal (excluding agency fees) 3705 705 705
How long can a patent be granted from the filing date?
Invention patents are granted for a long time, usually three to five years, but because they need to go through a substantive examination process, the patent rights after patent authorization are highly stable; utility model patents and design patents do not need to go through a substantive examination process, and the authorization is faster. Utility models are generally authorized from 6 months to 12 months from the date of application, and designs are generally authorized from about 6 months from the date of application. A patent certificate can be obtained 3 months after authorization.
What is the inventor?
The term "inventor or designer" in the Patent Law refers to a person who creatively contributes to the substantial characteristics of an invention. In the process of completing the invention, the person who is only responsible for organizing work, the person who provides convenience for the use of material and technical conditions, or the person who is engaged in other auxiliary work is not the inventor or designer.
What is an applicant?
The applicant refers to the owner of the patent, that is, the person who has the patent right. If the patent is a service invention, the applicant must be a unit. If the patent is a non-service invention, the applicant can be an individual or a unit.
What is patent fee mitigation?
It is a preferential policy for the State Intellectual Property Office to pay less for some "personal incomes that are too low, insufficient funding for scientific research in public institutions, and corporate losses". When submitting a request for fee mitigation, a request for fee mitigation shall be submitted; if a legal person requests fee mitigation, a fee mitigation certificate shall also be submitted at the same time.
What is the rate of patent fee mitigation?
A. Individuals requesting the application fee to be slowed down (printing fees and additional fees are not slowed down), the examination fee for invention patent applications, the maximum annual fee within three years from the year in which the patent right was granted (including the current year) is not more than 85% Maintenance fees, review fees, and the maximum ratio do not exceed 80%.
B. Units or units and individuals or two or more individuals jointly apply for a reduction of application fees (printing fees, additional fees are not reduced), examination fees for invention patent applications, annual fees within three years from the year in which the patent right was granted (including the current year) The highest percentage does not exceed 70%. The maintenance fee, review fee for invention patent application, and the maximum proportion shall not exceed 60%.
C. Two or more units jointly apply for no mitigation fee.
What is advance disclosure?
According to the Chinese Patent Law, if the Patent Office finds that an application for an invention patent conforms to the provisions of this Law after preliminary examination, the application shall be published after 18 months from the filing date. The so-called early publication means that the invention patent has priority from the filing date, and from the priority date, the applicant can request the publication of its patent application in advance, and should submit an advance disclosure statement. The public statement in advance can enter the public procedure immediately after passing the preliminary examination by the Patent Office. The advance disclosure statement only applies to invention patent applications. An applicant's advance public statement cannot be attached to any conditions.
What is substantive review?
The so-called substantive examination refers to the examination by the patent administration department of the State Council on whether the substance of an invention patent application is novel, creative and practical. The substantive examination was actually conducted on the basis of the preliminary examination. The method of substantive examination is to teach whether a patent-pending invention is novel by teaching a comprehensive worldwide literature search, and then to judge whether the invention is inventive and practical.
It is worth pointing out that there is no substantive examination of patent applications for utility models and designs.
What is the significance of the patent application number?
China's patent application number consists of 13 digits (including characters). It is divided into four paragraphs: For example: 200610176542.4 The first paragraph is the first four digits, indicating the year the patent application was filed. For example, "2006" indicates the application filed in 2006; the second paragraph consists of the fifth digit, indicating the type of patent application "1" means invention (if "2" means utility model, "3" means design); the third paragraph consists of sixth to twelfth digits, indicating the serial number of the application in that year, such as 0176542, 176542 applications; the fourth paragraph consists of a 13th digit or symbol, which is a computer check digit, which can be any number from 0 to 9, or the character X, such as "4" in the example .
What is patent acceleration?
Expediting patents allows patents to be granted earlier. There is almost no backlog in design patent examinations, so speeding up is not significant. By expediting, utility model patents can be guaranteed within five months, that is, the examiner makes the authorization decision, not the patent certificate. The acceleration of invention patents needs to provide the certification provided by the provincial competent authority, and the grant time can generally be about one year in advance.
What is patent infringement?
According to Article 57 of the Patent Law, the act of implementing its patent for production and business purposes without the permission of the patentee is a patent infringement. Specifically, for inventions and utility models, it refers to the act of manufacturing, using, selling, promising to sell, importing its patented products, or directly obtaining products in accordance with its patented methods for business purposes without the permission of the patentee; for designs, Refers to the manufacture, sale and import of its patented design products for business purposes.
After the patent application date, is it infringing to manufacture the same product before the patent application is published (announced)?
After the patent application date and before the patent application is published (announced), it is not an infringement for another person to manufacture the same product as the patent application. Because at this stage, the patent applicant has only filed a patent application and the application has not been published (announced). Whether a patent right can be obtained or not can only be determined after a series of examinations by the patent office. At this time, patent applicants do not have the property of patentees, so they have no right to prohibit others from producing the same products as their patent applications, nor to file infringement actions against others. At the same time, during this period, the patent application is in the confidential stage, and others do not know that the product has been patented, so before the patent application is published (announced), the other person produced the same product without any infringement. responsibility.
What is patent transfer?
Patent transfer means that the patentee transfers all of his patent right to the assignee. It must be confirmed by signing a written form, and it will take effect after being registered and publicized by the Patent Office of the State Intellectual Property Office. The transfer of patent rights by Chinese units and individuals to foreigners must be approved by the relevant competent department of the State Council.
What is a patent license?
Patent license use, also known as patent implementation license, refers to the system in which the patentee has the right to allow others to implement their patents and obtain corresponding compensation. Licensing others to implement their patents is an important right of patentees. The "Patent Law" stipulates that any unit or individual who implements another person's patent must sign a written license agreement with the patentee and pay the patentee a fee for patent use. The licensee has no right to allow any unit or individual outside the contract to implement the patent.
A patent implementation license is a paid transfer of the right to use a patent. It is a limited license, such as a restrictive agreement on the time, place, and scope of patent implementation. The two parties shall sign a written implementation license contract. The licensee simply enjoys the right to use the patent and pays the patentee the royalties.
What are the ways to apply for a foreign patent?
At present, there are two ways for Chinese applicants to apply for patents abroad:
The first is the more traditional method, namely the Paris Convention approach: applicants should submit applications to the patent offices of multiple Paris Convention member states within 12 months from the priority date and pay the corresponding fees. Using this approach, applicants may not have enough time to prepare documents and raise fees.
The second is the PCT route: the applicant submits a PCT international application in Chinese or English directly to the State Intellectual Property Office of China within 12 months from the priority date. After the international application date is determined, the application All Member States have the effect of regular national applications.
What is a PCT patent application?
PCT is the abbreviation of Patent Cooperation Treaty and is an international treaty on patents. According to the PCT, patent applicants can submit international patent applications through the PCT route and apply for patents in multiple countries.
The PCT includes the international and national phases. <br> The international phase is the first phase of the international application approval process. It includes the necessary procedures for the acceptance, formal examination, international search and international publication of international applications, as well as optional international preliminary examination procedures.
The national phase is the second phase of the international application examination and approval process. The national phase is carried out in the patent office (referred to as the designated or selected office) of the country in which the applicant wishes to obtain a patent. It includes procedures for entering the national phase and approval procedures in designated or selected offices.
The main procedures for entering the national phase of an international application are to submit translations of international application documents and pay the prescribed national fees in accordance with the regulations of each country.
After an international application enters the national phase, it is examined by national patent offices in accordance with its patent regulations and a decision is made on whether to grant a patent.
It should be noted that patent applicants can only apply for patents through the PCT and cannot obtain patents directly through the PCT. In order to obtain a patent in a certain country, the patent applicant must also complete the procedures for entering the country, and the patent office of that country shall examine the patent application, and grant the patent right if it meets the provisions of the patent law of that country.
What benefits does the PCT bring to patent applicants?
A. You only need to submit one international patent application, you can apply for patents in multiple countries, instead of submitting patent applications to each country separately, which is convenient for patent applicants to apply for patents in foreign countries.
B. When a patent applicant files a general patent application to a foreign country, it must submit a patent application to the patent office of each country within twelve months after the date of the first filing of the patent application. With the PCT, patent applicants can complete the formalities for entering an international patent application into each country within 30 months after the first filing of a patent application, which extends the time to enter the national phase. Using this time, patent applicants can investigate the market, the commercial prospects of the invention, and other factors, and decide whether to continue to apply for foreign patents before spending large amounts of money to enter the national phase. If, after investigation, you decide not to apply for a patent in a foreign country, you can save money.
C. International patent applications are subject to an international search by the International Searching Authority to obtain a high-quality international search report. The international search report gives one or more prior art documents, so that patent applicants can not only understand the status of the prior art, but also make a preliminary judgment as to whether the invention has the prospect of granting a patent. If the international application has undergone international preliminary examination, the patent applicant can also obtain a high-level international preliminary examination report made by the international preliminary examination unit. If the international preliminary examination report indicates that the invention does not possess novelty, creativity and industrial applicability, the patent applicant may consider not entering the national phase in order to save costs.
D. It is only necessary to pay the patent application fee to the receiving office rather than to all patent offices in the countries that require patent protection, simplifying the payment procedures.
E. Certain countries have lower fees for PCT national phase applications than ordinary applications.
F. The language of international patent applications can be Chinese, English, French, German, Japanese, Russian, Spanish, etc. Chinese applicants can use Chinese and English for international patent applications, which facilitates the application of patents by Chinese foreign-funded enterprises.
How to choose the way to apply for a foreign patent?
The PCT approach is appropriate when the applicant wishes to obtain protection from multiple countries (generally more than 5 countries) with an invention. Because only one international application is required to be filed with the Chinese Patent Office through the PCT route, eliminating the need to file a national application in each country separately. When the applicant only needs to apply for a patent to one country or a few countries, the Paris Convention approach is appropriate.
Comparison of fees for filing foreign patents through the PCT and through the traditional Paris Convention