Patents should have three characteristics:
Novelty, creativity and practicality.
What are the main contents of technology patents?
It's the contents of the manual, first of all, the technical field, background technology and invention content (according to your invention idea and manufacturing process, the content you want to protect should be technical features).
Brief description of the drawings, the patent claim is the scope of the patent right you want, and other documents also include the abstract of the specification, the drawings of the specification, the request for fee reduction, and the request for a patent for invention or utility model.
After completing the document, send it to the acceptance office of China National Intellectual Property Administration Patent Office, No.6, Xitucheng Road, Jimenqiao, Haidian District, Beijing, zip code 100088.
What is intellectual property? What does he mainly include?
Intellectual property refers to the exclusive rights enjoyed by citizens, legal persons or other organizations in science and technology or culture and art for the intellectual achievements obtained by creative labor. This definition includes three meanings:
(1) The object of intellectual property is the intellectual achievement of human beings, which some people call spiritual (intellectual) output. This kind of output (intellectual achievement) also belongs to an intangible property or intangible property, but it is different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity). This intellectual achievement is not only thought, but also the expression of thought. But it is different from the carrier of thought.
(2) The exclusive use of intellectual achievements by the right subject is similar to the ownership in real right, so it was classified as real right in the past.
(3) The benefits obtained by the obligee from intellectual property rights are both economic and non-economic. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from neighboring rights (mainly non-economic interests) and property rights (mainly economic interests).
Intellectual property rights include: industrial property rights and copyright (called copyright in China).
Industrial property rights consisting of invention patents, trademarks and designs. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin and prevention of unfair competition. The following only points out some main types of industrial property rights:
Trademark right refers to the exclusive right given by national laws to trademark owners to protect their registered trademarks. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application. Trademark is an identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly in promoting industrial development.
Patent right and patent protection refer to the patent application filed with the State Patent Office, and after passing the examination according to law, the patent applicant is granted the exclusive right to enjoy the invention and creation within a specified time. After an invention-creation is granted a patent right, the patentee enjoys exclusive rights to his invention-creation. No unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes. Without the permission of the patentee, the implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a lawsuit to the people's court or request the administrative department for patent affairs to handle it.
Patent protection adopts the protection mode of "two-way parallel and judicial guarantee" between judicial and administrative law enforcement. The administrative protection in this area takes the form of patrol law enforcement and joint law enforcement, focusing on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment.
Trade name right. In other words, the manufacturer's name right is the right to use its registered trademark name (manufacturer's name, enterprise name) without interference from others. The trademark right of an enterprise cannot be equated with the right of personal name (a kind of personality right). In addition, such as the name of origin, know-how and anti-unfair competition are also stipulated in the Paris Convention, but the name of origin is not an intellectual achievement, and know-how and unfair competition can only be protected by the anti-unfair competition law, generally not included in the scope of intellectual property rights. ■ Natural science, social science, literature, music, drama, painting, sculpture, photography and cinematography constitute copyright. Copyright refers to the right of a unit or individual to print, publish and sell a work according to law. Anyone who wants to copy, translate, adapt or perform needs permission from the copyright owner, otherwise it will infringe on the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is the original author of literary, artistic and scientific works, and it is a civil right enjoyed by his works according to law. △ All rights reserved. In China, copyright in a broad sense includes copyright (in a narrow sense), neighboring rights of works, computer software copyright and so on. , which belongs to the scope stipulated by the copyright law. This is the exclusive right of the copyright owner to use the crop (work). In a narrow sense, copyright is divided into the right of publication, the right of signature, the right of modification, the right to protect the integrity of a work, the right to use it and the right to receive remuneration (article 10 of the Copyright Law). Copyright is divided into personal rights and property rights of works. Copyright, patent right and trademark right sometimes overlap, which is a feature of intellectual property rights.
What is copyright? Can you give an example of copyright?
Copyright, also known as copyright, refers to the author's exclusive rights to the literary, artistic and scientific and technological works he created. Copyright is a civil right enjoyed by citizens and legal persons according to law and belongs to intangible property rights.
The plaintiff obtained the copyright registration certificate of computer software on September 1999+08, 2008. The registered software is called xx Logistics Information Database Management Query System, and the registration number is 990XXX, which was published by XX Electronic Publishing House. On August 29th, 2004, the plaintiff applied to the Notary Office of XX Province for evidence preservation. On September 1 day of the same year, the plaintiff's staff logged on the website operated by the defendant Hubei xx Business Consulting Co., Ltd. under the supervision of a notary, sampled and downloaded the data in the column of "Logistics Information Retrieval" and other web pages, and saved them. The saved contents are carved into three CDs and sealed by the notary office. The plaintiff believed that the defendant's behavior infringed the plaintiff's copyright on the management and inquiry system of xx logistics information database, which affected the normal sales of products, so he requested that the defendant immediately stop the infringement and delete the database copied on its website. Apologize publicly to the plaintiff on the defendant's website; * * * both compensated the plaintiff for economic losses of RMB 200,000. Finally, the court found that Hubei xx Business Consulting Co., Ltd. copied its copyrighted database without the permission of Hainan xx Logistics Information Co., Ltd. and spread it through its own website, which has infringed the copyright of Hainan xx Logistics Information Co., Ltd.
What is the trademark right?
Definition of trademark right: it is the exclusive right of trademark owner to its registered trademark according to law. Subject of trademark right: refers to the trademark owner. Note that only ordinary natural persons in China cannot be the subject of trademark rights. The object of trademark right: it is a trademark (a proprietary mark used to distinguish goods or services). The trademark applied for registration shall have distinctive features and shall not violate the prohibitive provisions stipulated by law. The content of trademark right: including the right to use, the right to prohibit and the right to renew. Trademark registration principle: (China) the principle of combining voluntary registration with compulsory registration; The principle of unified centralized registration; 1. Trademark-application principle; The principle of obtaining trademark rights: the principle of prior registration (China) and the principle of prior use; The term of protection of trademark rights: 65,438+00 years, which can be renewed upon expiration, and can be renewed once in 65,438+00 years, with no limit on the number of times.
Do you know the history of QQ Penguin? Or can you give examples of other patent cases?
1 1 years ago, Ma, a computer student at Shenzhen University, and several classmates made the "Little Penguin" icon on the Internet for the first time. Today, this "little penguin" has not only changed the way of communication and information communication between people in China, but also made Tencent one of the most successful enterprises on the Internet in China. At present, this local Internet enterprise in Guangdong, which started from 50,000 yuan, has a single-quarter income of 2,024.5 million yuan, an operating profit of over 810.05 million yuan, and a total of registered instant messaging accounts of 856.2 million yuan.
What is a patent right? Our country used to suffer from patents, do you know? Please give an example.
Patent right, referred to as "patent" for short, is a kind of intellectual property right, which is the exclusive right of the inventor or his assignee to exploit a specific invention within a certain period of time. China promulgated the Patent Law on 1984, and the detailed rules for its implementation on 1985, which made specific provisions on related matters.
The word "patent" comes from Latin "Litterae patentes", which means open letters or open documents. It is a certificate used by medieval monarchs to issue certain privileges, and later refers to the exclusive right certificate signed by the British king himself. Patents are the largest source of technical information in the world. According to empirical statistical analysis, patents contain 90%-95% of the global scientific and technological information.
Niulaixiang is a leading enterprise in beef products industry in our province. Under the promotion of this company, beef snack foods in our province sell well in dozens of large and medium-sized cities in China, such as Beijing, Shanghai, Guangzhou and Wuhan, forming a big market with an annual output value of more than 200 million yuan.
According to reports, in the past, only a few manufacturers such as Niulaixiang produced beef snack food in our province. After seeing the huge potential of the market, more than 50 manufacturers jumped out of the market. A few years ago, Niu Laixiang was the first to introduce beef jerky wrapped in sugar paper. Because it didn't apply for patent right, it was followed up by various manufacturers, resulting in Niulaixiang's annual sales income reduced by more than 20 million yuan. After suffering from "legal ignorance" of ignoring patent rights, Niu Lai Xiang deeply realized that the protection of patent rights has a great relationship with the development of enterprises. Last year, after the "Niulaixiang" brand beef vacuum packaging bag was successfully developed and put on the market, Niulaixiang immediately applied to China National Intellectual Property Administration for patent protection on1October 25th of that year, and sent Niulaixiang the Notice of Qualified Application for Invention Patent on February 25th of that year. The book said: "The patent application for the invention and creation of small packaging for packaging braised pork food, after preliminary examination, conforms to the provisions of the Patent Law and its detailed rules for implementation. According to Article 34 of the Patent Law, the above patent application shall be published within 18 months from the date of filing. "
After receiving the notice from China National Intellectual Property Administration, Niulaixiang Company thought that it could rest easy. With the protection of patent rights, others will not dare to counterfeit their products. So the company began to market this innovative new product on a large scale in the field of braised pork snack food.
Just when Niulaixiang Company worked overtime to make small packages of braised pork, the front staff returned an unexpected message from Guiyang and Kunming markets: at the Kunming Small Commodities Fair in April this year, a food company in Duyun put out the same braised beef product on the booth, except for the trademark, address and factory name, the rest were very similar to Niulaixiang's braised beef from the outer packaging to the contents. Then, similar products of a company in Duyun began to appear on the market. In order to protect its own rights and interests, Niulaixiang Company published a public statement in Guizhou Daily on April 19, claiming that Niulaixiang brand beef vacuum small packaging bag with gravy has applied to China National Intellectual Property Administration for patent protection, with the patent number of 0129006.4. Tell the manufacturer to stop infringing. But unexpectedly, counterfeit products have been found in various markets. To this end, Niulaixiang Company faxed the statement to a company in Duyun twice, but the other party ignored it and continued to sell its braised beef in the market.
In order to protect their rights and interests by law, Niulaixiang Company found China National Intellectual Property Administration. The client told me that the patent he applied for only passed the preliminary examination and was not granted the patent right at last, so his product patent claim could not be established for the time being; The current solution is that the company can apply and hope to publish its invention patent as soon as possible, but it will take three months at the earliest. In the meantime, a company in Duyun cannot be prevented from continuing to produce similar products for the time being. In this regard, General Manager Kang Chun expressed incomprehension: It has been almost a year since I applied for a patent and passed the preliminary examination. Now there is a phenomenon of fraud, and it is required to be announced as soon as possible. How can we wait for a few months? At this level, isn't the company's loss even greater?
What are the types of patents? What are their respective scopes?
Classification of patents
In China, the object of patent legal relationship, that is, the object protected by the patent law, is collectively referred to as invention-creation, and the patent law clearly stipulates that "the invention-creation mentioned in this law refers to inventions, utility models and designs".
1. The invention mentioned in the Invention Patent Law refers to a new technical scheme proposed for a product, method or its improvement.
(1) The invention is a technical scheme. The so-called technical scheme refers to the scheme put forward by the inventor to solve a technical problem by using the laws of nature. Therefore, it is not enough to just put forward a topic or a directional idea to solve a topic. A complete and feasible solution to the topic must be put forward. Technical solution is not the same as technology. Although both of them are the results of applying natural laws, creative mental work and adopting necessary material conditions, there are still differences between them. Technology is more specific, which is the result that can be directly applied to industry after practice, but the technical scheme can't reach this level. Of course, "technology" can be patented as an invention, but from the requirements of the patent law, "technical scheme" can already be patented as an invention, that is to say, the invention applying for patent does not necessarily require mature and practical "technology", but it must constitute.
(2) Invention is a new technical scheme. The so-called new technical scheme refers to the unprecedented innovation of the technical scheme, which is based on the application date. In other words, before the filing date, no same invention was known to the world and shared by people at home.
(3) Inventions can be divided into product inventions, method inventions and product or method improvement inventions. Product invention refers to all kinds of new products manufactured artificially, including articles with certain shapes and structures and substances such as solids, liquids and gases. Natural objects in a completely natural state, which are not manufactured by manual processing, do not belong to product inventions as stipulated in the Patent Law. The so-called method invention refers to the means and steps adopted to solve a technical problem. Method invention can be mechanical method invention, chemical method invention and biological method invention. An improved invention refers to the improvement of a known product or method, so as to improve the performance of the known product or the effect of the known method and make it acquire new characteristics or features.
2. The term "utility model" as mentioned in the Patent Law refers to a new technical scheme suitable for the shape, structure or combination of products. As can be seen from this definition:
(1) The utility model patent only protects the product, and the product must have two elements: one is the article; Second, it must go through a certain manufacturing process.
(2) The product protected by the utility model must be an entity with definite shape and structure and occupying a certain space. The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The product structure can be either a mechanical structure or a circuit structure. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between the parts that make up the product; Circuit structure refers to the determined connection relationship between components and the microstructure characteristics of products. Uncertain product shape features obtained by placing and stacking, or biological or naturally formed shape features, cannot be used as structural features and shape features of utility model products.
(3) The utility model must be a practical technical scheme. The technical scheme proposed by the applicant for the shape, structure or combination of the product must be practical, that is, the product must be able to be manufactured in industry and produce positive effects.
(4) The utility model must be a new technical scheme. The so-called "new technical scheme" means that the technical scheme has not been known and used by the public before the filing date, nor has it been publicly disclosed in domestic and foreign publications, nor has it published any previous application with the same content in the China Patent Gazette, and the product has not been publicly sold or used in China.
3. Design is also called industrial design. The term "design" in China's patent law refers to a new technology that is based on the shape, pattern or combination of products and the combination of color and shape and pattern, and has aesthetic feeling and is suitable for industrial application. According to this definition, the design must have the following elements:
(1) The design must be related to the product. In other words, it must be applied to specific products.
(2) It must be the shape and pattern of the product or the design of color, shape and pattern. Modeling refers to the product modeling with three-dimensional space, that is, the decorative modeling of the appearance of products or parts; Pattern refers to various arrangements or combinations of lines designed by various means; Color refers to the color used on the pattern or its combination, which should be understood as a decorative color other than the natural color of the material used to manufacture the product.
(3) rich in beauty. All aesthetic designs must be directly visible to the naked eye, because designs that are invisible to the naked eye cannot make people feel beautiful. Whether they are beautiful or not depends on the eyes of consumers.
(4) Suitable for industrial application. Suitable for industrial application is the requirement of industrial practicability of design. In other words, a product with a design can be reproduced in large quantities in industry, including through handicrafts.
Why do you think patents have a time limit?
From the origin of patent right, it is a contract, that is, a contract reached between the state and individuals. The two sides agreed that the patentee would make the technology he mastered public and become the common wealth of all mankind. At the same time, the state gave the patentee protection for a certain period of time, so that the patentee could get enough benefits. This is a very important relationship in the adjustment of the patent law: the balance between personal interests and social public interests. This includes the type of patent granted \ duration of protection, etc. The duration of protection is not just how many years, but each country sets the duration of protection according to its own development. For example, the design protection period is only 3 months when the design is first produced (Europe), and Carter's steam engine patent protection is more than 50 years. I don't remember the specific years. At present, the protection period of invention patents, utility models and designs adopted in China is 20 years and 10 years respectively, which is an internationally accepted regulation. If China wants to join various treaties or organizations, it must be consistent with other countries in some aspects. The current year is the lowest year specified in TRIPS. Other types of intellectual property rights also have such a protection period, such as copyright. The age in the United States is 70 years before death, and in Mexico it is 100 years before death. TRIPS stipulates that the minimum age for joining the WTO is 50 years before death. In order to join the WTO, China also stipulates that the protection period is 50 years before death, which meets the minimum age! At present, the protection of intellectual property rights in our country may not meet the development level of China for some years, but we have to do so in the current international environment.
Maybe when our country is strong, we can protect it for many years as we say, as long as it meets the needs of our country's development and the interests of our people, everything will be OK!
If you want to apply for a patent, what is the application process? Where can I apply?
When applying for a patent, the application documents shall be submitted directly or sent to the reception office of China National Intellectual Property Administration Patent Office or the patent agency established in China National Intellectual Property Administration.
According to the provisions of the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization, while the application for a utility model and design has only three stages without prior publication and substantive examination.
Acceptance stage: The Patent Office will examine the patent application after receiving it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant.
Preliminary examination stage: if the accepted patent application pays the application fee according to the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.
Publication stage: the application for a patent for invention enters the publication stage from the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date.
If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. Substantive examination stage: after the publication of the application for a patent for invention, if the applicant puts forward a request for substantive examination and it has taken effect, the applicant will enter the substantive examination procedure.
Where an application for a patent for invention has not been submitted for trial within three years from the date of application, or the request for trial has not taken effect, the application shall be deemed to have been withdrawn. Authorization stage: after preliminary examination, the application for patent for utility model and design has no reason for rejection, but after substantive examination, the examiner will issue an authorization notice and apply for authorization registration. The patent office examines the legal effect and completeness of the authorized text, proofreads and modifies the description items of the patent application, and then issues the authorization notice and registration notice. After receiving the notice, the applicant shall go through the registration formalities within 2 months and pay the prescribed fees, and go through the registration formalities on schedule.
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