What is an invention patent? What are the characteristics of invention patents?
so what exactly is an invention patent? What are the characteristics of invention patents? First of all, we need to know what an invention is and the provisions of an invention patent. Then let's talk about what an invention patent is. What are the characteristics of invention patents? There are four characteristics of invention patent. According to the patent law of China, there are three kinds of inventions that can be protected by patent: invention, utility model and design, among which invention patent is the most important one. What is an invention patent? The patent laws of most countries do not define invention, and scholars have different opinions on the definition of invention. Therefore, it is pointed out in the detailed rules for the implementation of the Patent Law of China that the invention referred to in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement. What are the characteristics of invention patents? Feature 1 of invention patent: exclusivity, also known as exclusivity, refers to the exclusive right of the patentee to manufacture, use, sell and import and export his invention and creation. That is to say, no other unit or individual may manufacture, use, sell, promise to sell and import or export its patented products for production or business purposes without the permission of the patentee, use its patented method, or manufacture, use, sell, promise to sell, and import or export products directly obtained according to its methods without the permission of the patentee. Otherwise, it is a patent infringement. Characteristics 2: Regionality According to the principle of patent independence stipulated in the Paris Convention, the regionality of patent right means that the patent right granted by a country according to its own patent law is only valid within the scope of the country's legal jurisdiction and has no binding force on other countries. Foreign countries do not undertake the obligation to protect their patents, and only obtain the patent right in China for an invention-creation, then the patentee only enjoys the patent right or exclusive right in China. If someone produces, uses or sells the invention 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 a unit or individual in China develops an invention with international market prospects, it is not only a matter of applying for domestic patents in time, but also should seize the opportunity to apply for patents in other countries and regions with good market prospects, otherwise foreign markets will not be protected. Timeliness: the so-called temporality means that all the exclusive rights granted by the patentee to his invention and creation are valid only within the time stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive rights to manufacture, use, sell, promise to sell and import his invention and creation. At this point, inventions protected by law have become the public wealth of society, and any unit or individual can use them free of charge. Characteristics 3 of invention patents: Durability: The patent laws of all countries have clear provisions, and the protection period of invention patents generally ranges from 1 to 2 years from the date of application; The term of patent for utility model and design is 5-1 years in most countries, and the protection period of invention patent, utility model patent and design patent in China is 2 years, 1 years and 1 years respectively from the date of application. Feature 4 of invention patent: the intangible patent right is intangible, and many people often regard this feature of patent right as the object of protection-the technology protected by patent right, in fact, the invisibility is the patent right itself. Otherwise, as for a trademark, its object is a pattern, which is obviously not intangible.