PRODUCT CATE
Proprietary knowledge
When an enterprise has resulted in innovations in the product development process, "how to protect" has become a matter of urgency, and filing a patent application, patent licensing is the most common method of protection. The patent law article shows that, "the invention refers to the product, or its improvement of new technical solutions. Utility refers to the product's shape, structure, or a combination thereof ' is fit for practical use of new technical solutions. "As a result, improved technical solutions for products, the applicant may select the type of application for patent for invention, utility model application type can be selected. Here are introduced to authors for different types of patent applicants can be selected according to own actual situation. Duration of patent right for inventions 20 term of protection longer. Need to conduct a preliminary examination of patent application and examination as to substance the invention, patents can be obtained only after substantive examination, so right is more stable. In addition, the invention patent 18 months from the date the application for public, can make the technology programme of the applicant at the same time has an earlier application date is later publicly so that competitors get the technical solution has been relatively late. But the review of the application for patent for invention for a long time, authorize more slowly.
utility model patent term of protection is 10, the duration of protection is shorter. Utility model patent application for a preliminary examination, without substantive examination, a preliminary examination in order to obtain patent rights, rights of instability. Utility model patent application authorization time, normally within 12 months, even within a short period of time can be authorized. Get patent applicants in a short period of time, to the protection of their technical proposal earlier.
based on the above two characteristics of patent applicants according to their own need to choose the right type of patent application. Applicants can choose the utility model as the application type, you can also select inventions as the application type, or according to the Nineth of the patent law, in respect of the same technical proposal submitted for a patent for invention and utility model patents.
according to the Nineth of the patent law, "submitted by the same applicant for the same invention on the same day at the same time a utility patent application and the application for a patent for invention, utility model patent obtained has not been terminated, and the applicant renounces the patent right for utility model, invention can be granted a patent." That is, applicants if same day on same inventions submitted has practical new patent application and invention patent application, applicants can in more short time within get practical new patent, makes himself of inventions as soon as possible get protection; if the inventions of invention patent application after real review can grant invention patent, applicants at will for select, if gave up prior made of practical new patent, to get invention patent, so applicants on can get more stable of patent and more long of protection time.
thus, applicants while submitted practical new patent application and invention patent application, can makes applicants as soon as possible get patent and has more long of protection term, and can makes effective protection time get extended; if inventions of creative not high, applicants also can through this application way on inventions for protection, if invention patent application after real review cannot grant patent, applicants still has this inventions of practical new patent.
If applicants in submitted patent application Hou, found by submitted of application type and itself need inconsistent, wants to change application type, can through following way for: a is prior application type for invention patent application or practical new patent application, in application day up 12 months within, and and prior application not authorized zhiqian, again submitted a copies application type for applicants by needed of new application, and enjoy prior application of priority, prior application considered withdrawn, prior application not effect in Hou application of novel sex ; II is prior application for invention patent application or practical new patent application, applicants wants to in Hou while submitted invention patent application or practical new patent application, applicants can in application day up 12 months within, and and prior application not authorized zhiqian, Yu same day respectively submitted invention patent application or practical new patent application, two copies application while enjoy prior application of priority, prior application considered withdrawn, also, prior application not effect in Hou application of novel sex.
above, the applicants according to the characteristics of the invention patents, utility model patents, and select the appropriate type of patent application at the time of application, if the application wants to change the application type, can be effective within the priority period to resubmit a enjoy priority of a new application.