If the patent has not been patented in China, it is okay, but it needs to be modified. It is best not to do this, as it is easy to infringe. It is best to develop the technology yourself and apply for a patent.

Patents are part of intellectual property and are an intangible property with characteristics different from other properties.

Exclusivity

That is, exclusivity. It means that within a certain period of time (during the validity period of the patent right) and region (legal jurisdiction), no unit or individual may implement its patent without the permission of the patentee, that is, it shall not manufacture, use, or offer for sale for production and business purposes. , sell or import its patented products, or use its patented methods and manufacture, use, promise to sell, sell or import its patented products, otherwise it shall be an infringement.

Regionality

Regionality means that the patent right is a right with regional scope restrictions, and it is only valid within the legal jurisdiction. Except in some cases, based on international conventions for the protection of intellectual property rights, and individual countries recognizing the validity of patent rights approved by another country, the country in which a technical invention applies for a patent will be granted patent rights, and only in the country where the patent is granted. It is valid within the scope of the Agreement, but is not legally binding on other countries, and other countries do not assume any protection obligations. However, the same invention can be patented in two or more countries at the same time. Once approved, the invention can obtain legal protection in all application countries.

Temporality

Temporality means that a patent is only valid within the period specified by law. After the effective protection period of the patent right expires, the patent right enjoyed by the patentee is automatically lost and generally cannot be renewed. When the protection period expires, the invention becomes a public asset and others can freely use the invention to create products. The length of time a patent is protected by law is stipulated by the patent law of the relevant country or relevant international conventions. Patent laws around the world have different provisions on the protection period of patents. (Intellectual Property Agreement) Article 33 stipulates that a patent’s “protection shall be valid for a period of not less than the end of the twentieth year from the date of filing of the application.”

The patented technology applied for must meet the following requirements:

The inventions and utility models for which patent rights are granted must be novel, creative and practical.

Novelty

Novelty means that the invention or utility model does not belong to the prior art; no unit or individual has filed an application for the same invention or utility model before the filing date. The patent administration department of the State Council has filed an application, and it has been recorded in the patent application documents or announced patent documents published after the application date.

Creativity

Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.

Practiceability

The following conditions must be met for judgment:

The Patent Law stipulates: “Practiceability means that the invention or utility model can be manufactured or used, and "Able to produce positive effects"

Being able to manufacture or use means that the invention can be produced in large quantities in industrial, agricultural and other industries, and applied in industrial and agricultural production and people's lives, and at the same time produce positive effects. Effect. It must be pointed out here that the patent law does not require that the invention or utility model has been produced and practiced before applying for a patent, but it requires analysis and inference that it can be realized in production in industry, agriculture and other industries.