Misunderstanding 1

The most important thing for a successful patent application

Generally speaking, enterprises usually find patent offices to apply for patents, and many enterprises also judge the services of patent offices based on whether the patents can be authorized. Therefore, most patent firms only aim at the success of patent application, and some firms promise to refund the patent without authorization. Whether the patent is valuable or not is easy to be ignored, including whether the protection scope of the patent is relatively large, whether the infringement visibility of the patent is high, and whether the patent has the risk of being invalid are often ignored by enterprises.

In fact, the core value of patent is its legal value, which is often reflected through litigation and licensing process. A good patent is a patent that can win in a lawsuit. If a patent is authorized, but the scope of rights is very small, it is impossible to cover any competitor's products and technologies, and there is little protection for their own products and technologies. Because the scope of rights is too small, competitors copy the core of the patented technology, but a little improvement in other places can avoid patent rights Scope of protection required.

Such a patent is not only worthless, but also easy to give the obligee the illusion that he has a patent, and even take such a patent to sue a competitor.

Therefore, it is a big mistake to think that patent application is the most important.

Misunderstanding 2

If there is a patent, there will be no infringement

This is a very wrong perception. Many right holders think that they have applied for a patent for a product, and the patent is authorized, they think that they can produce and sell the product without any risk. This is a great misunderstanding of patent rights. If the patentee has the patent, the law gives you the right to prohibit others from implementing the patent without the consent of the patentee. However, no law says that if the patentee has a patent, there will be no risk.

Therefore, it is necessary to search and analyze the patent risks for the production and sale of authorized patent products. Because it is very likely that a patent covering the patentee's products has been applied for or authorized before the patentee's patent application date.

Misunderstanding 3

You can sue someone if you apply for a patent

Many enterprises are not clear about the patent law and think that as long as a patent is applied, especially an invention patent, as long as it is disclosed, it can sue others.

According to the law, the patent application without authorization has no patent right and no right. What can we take to sue others?

Of course, the law stipulates that during the period from disclosure to authorization, if someone else has used the patented technology, the other party can be required to make appropriate compensation, but the premise is that the invention patent will be authorized. Moreover, it should also require the other party to compensate for the use of the patent during the period from the publication of the patent to the authorization. If the patent is ultimately rejected, there is no question of compensation.

Misunderstanding 4

The shorter the examination period of patent application, the better

At present, some people think that the shorter the examination cycle, the better. This is actually a misunderstanding. "The patent system is the oil that adds benefits to the fire of genius. Therefore, the time for obtaining patent rights should be in line with the economic and social development and the needs of enterprise development. According to their own development needs and in combination with the characteristics of China's three patent examination cycles, enterprises can plan in advance what type of application, when to apply and what measures to take to ensure the authorization time

Misunderstanding 5

Patent "can have", not "must have"

It can be said that modern enterprises can't do without patents. It is absolutely impossible for any enterprise to obtain rapid development through wisdom without patents. Moreover, patents are not only necessary, but also more beneficial.

If the enterprise has a very strong patent, other enterprises will not easily sue you. Even if the lawsuit is filed, the final result is settlement or cross licensing. According to statistics, about 97% of patent lawsuits in the United States end in settlement. If both parties hold equal level patents, cross licensing can be carried out between enterprises. If there is no patent or the patent is not equal, it can only be compensated by economic compensation.

Misunderstanding 6

The function of patent is to monopolize

Literally, "patent" seems to mean "exclusive interest". Only the patentee can carry out the technology he invented or manufacture the product he invented. But there are two mistakes in this understanding

First of all, the most fundamental purpose of a patent is to promote technological progress, not to hinder the development of science and technology. After the expiration of a patent right, anyone can implement the patent without paying any price. In fact, most of the technical documents in the world exist in the form of patents.

In addition, strictly speaking, the patentee may not be able to implement the technology he invented or manufacture the product he invented. He just has the right to prevent others from implementing the invention. In other words, patent rights only have the effect of exclusive protection. For example, if the patentee's invention is based on another invention, the patentee of the latter invention has no right to exploit the invention without the permission of the patentee of the earlier invention.

Misunderstanding 7

Design patent is better than invention patent

In fact, various types of intellectual property rights play a unique and important role in different industries, different products and different combinations of rights. In some cases, such as consumer products, design patents often play a decisive role. Especially in countries with partial design system, the design part can be protected, such as the United States, Japan, South Korea, etc., so the influence of design patent is very large.

We also know that many of Apple's design patents have won patent lawsuits and received high compensation.

Misunderstanding 8

Technical secrets are not disclosed, so they are more secure

"Technical secret" is good, it does not need to be disclosed, but also belongs to the category of intellectual property rights, isn't it safer? In fact, technical secrets are also difficult to keep secret. Once others develop the same technology and apply for a patent, the technical secret will have no intellectual property right to speak of, and will be passive in both technology and market.

Moreover, the vast majority of Chinese enterprises have great problems in the protection of technological secrets. A lot of the technology can't be disclosed.

Misunderstanding 9

A patented product is a good product

Whether the patent is owned or not is not the main standard to judge the quality of the product.

In the market, the consumer oriented product is usually the final product, while the patent may be some refinement of the finished product. For example, liquid crystal display is composed of power supply board, main board, central control board and liquid crystal screen components, among which liquid crystal molecular layer, filter film and backlight are included. Each component can be further subdivided in technology, and each subdivision part can have many patents. In other words, the patent may only be an improvement on a small part in the finished product, which may involve the material and structure of the component, or it may be the design.

In addition, the effects of some patents may only simplify the manufacturing process in the factory, or reduce the emission of pollutants during production. These effects have positive significance for social progress, but may not improve the performance of the product.

Therefore, it is necessary to understand the advantages of the patent publicized by the product in order to know whether the product is really "good".

Misunderstanding 10

Patents without authorization have no value

In fact, even if the patent is not authorized, the enterprise can still dominate and occupy the market of the product. The patent without authorization has been disclosed to the public in the process of application, and the content disclosed will be retrieved by the examiner of the patent office as the existing technology, which can reduce the possibility of obtaining such patent by others. Therefore, it is not valueless to have no license. At least, any competitor of this technology can no longer obtain the patent right.

[warm tips] source of materials: intellectual property rights in progress. The copyright belongs to the original author. If there is something wrong, please contact to inform us of modification or deletion. Thank you.