Tell the truth---tell you a real definition---Patent

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Tell the Truth: Patent Introduction: The word "patent" comes from the Latin literae patent, which originally means a public document or public certificate. It was a patent in some medieval Western Europe.* * Used by the royal family to indicate proof of a certain privilege granted. It has been more than 500 years since the world's first patent law was promulgated in 1474. Although people have been trying to give a clear explanation of the concept of patent, there is no unified definition so far. In contrast, a commonly accepted statement is that: Patent is the abbreviation of patent right. It is a kind of patent issued by a professional organization (in China it is * * A certification document issued to the applicant after the Intellectual Property Office (Patent Office) has reviewed the application, recording the content of the invention and creation and enjoying exclusive legal protection within a certain period of time. First, the essence of patents is to exchange disclosure for protection. That is to say, the prerequisite for legal protection of inventions and creations is that the contents of inventions and creations must be disclosed to the public to promote the progress and development of science and technology and encourage the promotion and application of inventions and creations in society. In order to reflect the equality of rights and obligations, * * The Intellectual Property Office and the Patent Office grant exclusive patent rights to those who make innovations and disclose them to the public on behalf of the public. However, this exclusive authorization comes with certain additional conditions, namely regionality and timeliness. The so-called exclusivity, also known as exclusivity, is a kind of private right. The patentee has the right to possess, use, benefit from and dispose of the patent he owns. The patentee has the right to permit or not permit others to implement the patented technology he owns, and others are not allowed to manufacture, use, sell, offer for sale, or import the patented invention without the permission of the patentee. Otherwise, it will constitute an infringement in the legal sense. The so-called regional nature means that patent rights are only valid within a certain region, unlike property rights which are not subject to geographical restrictions. A patent authorized in the United States but not authorized in China will not be protected in China. ； Similarly, a patent authorized in China but not authorized in the United States will not be protected in the United States. The so-called temporality means that patent rights are only protected within the period specified by law. As long as the term expires, even if the patentee does not want to give up, he no longer owns the patent rights, and the technology has entered the public domain and anyone can implement it. my country’s patent law stipulates: The protection period of invention patent is 20 years ； Utility model and design patents are valid for 10 years. Rest of the world * * Also similar to this. Secondly, the essence of disclosure is to make it clear that if the applicant declares that it has rights to an invention, it needs to make it clear to the public and obtain public approval. But this statement cannot be made in any media. Otherwise, how can the public see your announcement from so many media across the country? It can only be announced through the regularly issued patent gazette. Publishing patent gazettes also requires expenses. Whoever expresses it should bear it (this is the announcement printing fee). The third point is that the essence of the application process is a game. As mentioned before, patents exchange publicity for protection, so the applicant and the public will form opposites. The applicant is concrete, but the public is virtual. Who will protect the rights of the public? This results in * * The Patent Office exercises rights on behalf of the public, but specific things still need to be done by people, that is, the examiner ； For the applicant, in order to increase the chance of winning in the game process, he may need the help of a professional organization, such as a patent agency or patent office. Specific things still need to be completed by people, that is, patent agents. Therefore, in the end, this game process may be conducted between the patent attorney and the examiner. This game process needs rules, and that is the Patent Law ； There are also some "hidden rules", which are the "Patent Law Implementing Rules" ； The party representing the public has accumulated a lot of valuable experience in many years of gaming. It can be called a secret, and that is the thick "Examination Guide" ； On the other hand, in order to be targeted and know themselves and the enemy, the other side wants to conduct counter-reconnaissance, which is to study this secret book carefully. This is why candidates taking the National Patent Agent Examination regard the "Examination Guide" as an essential guide. Sometimes a party does not abide by the rules and needs a referee, which is the Patent Reexamination Board. The referee also needs to be managed by someone, which is the Beijing Intermediate People's Court. These rules, "unspoken rules" and even tips are rigid and do not allow applicants to break through. Then the applicant or agent can only do their best to expand the scope of protection based on the content of the application documents without being found out by the examiner. This is where the level of the applicant or agent lies. High-level applicants or agents will generally describe a relatively large scope of protection when submitting application documents for the first time. If it can slip under the nose of the examiner, it will be a blessing. ； If it doesn't work, the examiner will issue an OA (First Office Opinion). It doesn't matter. Can't the applicant or agent just narrow the scope of protection a little? It's like selling something in the market. You can't be too honest. You can try to hide it first. If you can mask it, you can sell it for a good price. If you can't mask it, you can lower it a little. If you lower the price very low at the beginning, you may get a one-time deal, but your income will not be too high. The same is true for patents. Some people think that if someone's patent application is approved in one go, they think that the applicant or agent is of high quality. This is wrong. At this time, you have to look at whether your interests are being sacrificed and the scope of protection is too narrow. Fourthly, examination is essentially about finding faults. Of course, examination is about examining patent application documents. In essence, it is about finding faults in patent application documents. After the examiner gets your application documents, he will first check whether your application documents are complete and the format is correct. If it is qualified, he will send you a "Notice of Acceptance" to let you know. Otherwise, even if the content in your application is very colorful, he will not even read it and will immediately put a cross and send you a "Notice of Acceptance". If you have a bad temper, you can go to the referee (a reminder): The referee has a very good relationship with him. It's all about the system. * * Under the leadership of the Intellectual Property Office, weigh it carefully), if you get angry, you can also go to the court. Back to business. Your document has been accepted, which means the examiner wants to see the content of your document. Sorry, you can’t read it in vain. You have to pay the application fee first. If it is an invention patent, you must also pay a publicity fee (and some messy priority fees, etc., which I won’t go into here). Next, if it doesn’t comply with the rules mentioned above at first glance, if it doesn’t quite meet the requirements, but it may pass after a few changes, he will ask you to make corrections - "correction". If it is still not qualified, you will have to change it again, but again and again, but not again and again. If you fail twice, you will be given a "notice of review opinion". The subtext is that I don’t want to authorize you, do you have any objection? If you don't speak up, it will be regarded as acquiescence. Your application documents will be crossed out again - "Rejected"” ； If you speak louder or make changes, the censor will take another look. There is also a situation where your application documents are too unsatisfactory and they will not give you a chance to make corrections, but will immediately send you a "Notice of Examination Opinion". Likewise, if you have a temper, you can go to the referee and file a lawsuit again. Of course, the examiner does not just look randomly based on mood or experience. He represents the public, so he has to use techniques, common sense, truths, etc. that are known to the public. In short, the existing things are compared with the content of your application. The existing things are basically the same as the content of your application. Sorry, your application is late and there is no novelty. If your application is not ready-made, but it has too little technical content, let alone experts, ordinary people in this field can imagine it. It would be too much of a disadvantage to authorize you. In order to protect you from being found out in the future and hurt your self-esteem, and also to make people say that my examiner is really talented, I can only say that your application is not creative. What else could you fault? It doesn’t matter, there are many reasons, and there are many unfounded reasons. You can generally say that your application does not have practicality.: For example, your invention is too advanced, the time shuttle, the method of turning water into oil that the censors cannot understand, the cloning technology that some people are not used to, or even the method of medical treatment, etc. can be used. The censors are so good at finding faults that it is difficult to find a partner. Why? They are too fond of finding faults, raising their eyebrows and raising their eyes. Who can stand it? The fifth point is that charging in various forms is essentially to allow you to reduce your rights and give up your rights to represent the public as soon as possible. He will not let you get authorization easily. Even if you go through all kinds of difficulties and dangers, there is really no fault to be found, and you are authorized. Don’t be too happy too early. He will do everything possible to get you to narrow the scope of protection or give up your rights as soon as possible. What should I do? TOLL. What's the priority request fee? If you don't pay it, I'm sorry. If you don't enjoy priority, your application may have no novelty. ； What about manual surcharges and claim surcharges? I’m sorry if you don’t pay them. Please write less and don’t protect yourself too much. ； What about substantive examination fees, publication printing fees (not announcement printing fees, one-word difference), examination fees, re-examination fees, bibliographic item change fees, printing fees, etc. If you can't afford it, okay, give up. When you have paid all the money, wait, there is another way - the annual fee must be paid every year, and it will increase year by year.: For example, for an invention patent, you need to pay 900 yuan per year for the first to third years, and 8,000 yuan per year for the 16th to 20th year! ——I'm trying different ways to make it difficult for you to pay, and I don't mean it clearly.: Give up, give up, give up soon? Some people will say that there is no need to pay. It is disclosed in advance that no payment is required. If you don't pay the money, it's a trick on you. After selling you, you still help count the money. It's a trap to let you make your technology public as soon as possible. If it is made public, won't the public know about it? Once it's made public, there's no way you can withdraw it. Who loses and who takes advantage? The sixth chapter, * * The above statement, which essentially encourages patent applications, may give you the wrong impression that * * Taking various measures to restrict your application for a patent, finding various reasons not to grant you a patent, and using various means to make you give up the patent as soon as possible is misleading. The purpose is to give you a brief understanding of the patent process. In fact, we * * is building an innovative society and released the " * * Intellectual Property Strategy Outline" will increasingly encourage rather than suppress patents. Don’t you see, all levels * * Provide financial support to applicants applying for patents. For example, our city provides a subsidy of 2,000 yuan to applicants for invention patents, and a subsidy of 800 yuan to applicants for utility models and appearance applications, which basically eliminates the financial burden on applicants. Moreover, for enterprises with patents, when assessing high-tech enterprises and obtaining * * Special funds and other aspects are given priority, and various policies indicate that * * In essence, applications and patents are encouraged. Seventh, having a patent is essentially a toll gate. Former US President Abraham Lincoln said: “Patents are the oil of profit poured on the spark of wisdom.” After a patent application is obtained, the patentee can license others to use it or transfer it to others. Under normal circumstances, whoever needs to use it should obtain the patentee's permission and pay the patentee a fee. Obtaining a patent right is like building a toll station. Within a certain period of time (the patent's protection period), fees can be continuously collected as long as someone uses it. 　　Toll stations cannot be built casually. This cannot be like the "thieves" in the past who just stopped shouting.: “I opened this road, I planted this tree, if you want to pass through it, you will leave money to buy the road." Such behavior is intolerable in a legal society. The construction of toll stations cannot be like the farmers in Beijing who guard the entrance to a section of the Great Wall by themselves and charge each tourist a "toll payment" ranging from five to ten yuan. They charge based on the charging permission stamped by the village committee. Of course, tourists will not recognize the charging permission stamped by the village committee. Most people will refuse to pay. This incident has caused public anger after reports. It can be concluded that such charges will definitely be banned. * * ban. So why should the patent be used to build a toll station? Why should others pay the fee and not pay it? Let’s analyze it in detail below: 1. The patent system is an internationally accepted system. The patent system is a system that protects patents, encourages inventions and creations, promotes the promotion and application of inventions and creations, and promotes scientific and technological progress, innovation and economic development by granting patent rights for inventions and creations in accordance with the law. Its basic content is to conduct a scientific review of inventions and creations for which patents are applied for and grant them patent rights in accordance with the patent law. The legal function of the patent system is reflected in the fact that the patent system gives inventors and patent applicants a guarantee. It grants the inventor patent rights on the condition that the inventor discloses his new technology to the society. At the same time, it requires users to use the technology at a cost. The inventor must be given appropriate remuneration, and illegal appropriation is not allowed. The patent system has a history of more than 500 years and is widely used around the world. 　　2. Patent rights originate from * * Granted. 　　Article 3 of my country’s Patent Law stipulates: “The Patent Administration Department of the State Council is responsible for managing patent work nationwide. ； Uniformly accept and examine patent applications, and grant patent rights in accordance with the law. ”The patent administration department of the State Council is * * Intellectual Property Office, formerly known as the Patent Office. Patent rights are granted by * * Granted by the Intellectual Property Office in accordance with the law, it will be protected throughout the country. If a patent is obtained abroad, it will also receive corresponding international protection. 　　3. The patent system grants a monopoly right to the patentee. 　　In order to protect the source of inventions and creations, the patent system grants inventors patent rights in accordance with the provisions of the patent law and ensures that inventions can be properly exercised. Patent rights in the legal sense are a kind of monopoly. The monopoly of patent rights is manifested in two aspects. First, once the inventor applies for and obtains patent rights in accordance with legal procedures, anyone who wants to use the invention patent must obtain the permission of the patentee before using it. ； Second, the patentee also has the right to prohibit, that is, the patentee has the right to prohibit anyone from using its invention technology without its permission or authorization and without legal basis. In summary, it can be seen that patent rights are * * The patentee is granted a monopoly right to use the patent, and can legally license others to use it for a fee, or prohibit others from using it. Chapter 8: How to build a patented toll station. You have to pay tolls to cross the road, and you also have to pay patent fees when using a patent. This is something that everyone is very unwilling to do. Once a toll plaza is built, it is not necessarily possible to sit back and wait for someone to pay the toll automatically. Of course, people will find ways not to pay. When your toll station is not mandatory, others will go around it ； Even if you have to pass, others can build another toll station around your toll station and put up a fence to surround you in the center, making it difficult for you to get in and out... So how do you build it so that others have to pass it, and don't let others trap you? This is actually the strategy of patent application. 　　1. Patent application “anti-bypass” strategy. 　　According to reports, a certain province spent hundreds of millions of yuan to build a road that bypasses the toll station on the highway to avoid paying highway tolls. In fact, some people will find ways to circumvent patents and achieve the goal of not paying fees. 　　The best anti-bypass strategy is to bypass your own patent before others do, and apply for it again. Just like searching around the toll station first, if you find there are other exits, build another toll station at this exit. The core strategy for bypassing patents is to omit components, and the way to bypass yourself is: a. Analyze the originally applied patent, find non-essential components, omit the non-essential components, and then apply for a new patent. This technically reduces the manufacturing cost of the product, improves the performance of the product, and obtains another patent. ； b. If the original patent is still in the application process, the solution of the original invention will be bypassed and added to the original application document through the correction procedure. 2. Prevent "fence-building" strategy When you apply for a very critical patent on the basic principle of a certain product, it is like building a toll station at a must-pass intersection. Others have to pass by, but they can't sit back and relax. Others can develop a series of patents around the core technology, each with varying degrees of improvement. These patents cover the best possible product structure when the core technology is put into commercial use. It is like putting a fence around you, making it difficult for you to effectively utilize the technology. In this way, you are surrounded, and there is no need to charge. 　　The strategy to prevent is: Technical personnel, sales personnel, and manufacturing personnel should frequently exchange information about customers' needs for commercialization of relevant core technologies, promptly improve, discover, and apply for the best product structure that may be adopted to put the core technology into commercial use. They should rush out first. This can effectively prevent themselves from being surrounded by fences set up by others. 　　3. The "toll station" strategy requires a comprehensive analysis of the entire existing technology to find out the future development direction, conduct specific research and predict future development trends, skip the research stage, submit a patent application first, and use very broad claims to cover new technologies that may appear in the next research stage. In this way, when the application is approved, the patent you obtain will make the toll station business very prosperous for related industrial fields. However, this strategy is probably only available to companies with leading technologies and considerable forward-looking capabilities that have such analysis and prediction capabilities. 　　4. "Submarine" strategy This strategy is to submit a patent application with a wide scope of protection when applying for a patent, and then submit a series of modifications to the claims, leaving the application in a pending state. The modifications to the claims submitted will wipe out the specific product plans later developed by competitors. This method is not too glorious, but for enterprises, it is a good way to obtain key patents. There are many strategies for patent application. I won’t introduce them here. This article just wants to tell you this truth.: Patent application is not as simple as just submitting application materials to the Intellectual Property Office. Any patent application requires careful planning and comprehensive consideration of various factors. Only such patents are truly valuable.