Independent research and development 1 intellectual property

Independent intellectual property rights and patents What is a patent patent is the most basic concept in patent law. There are generally three meanings in society: one refers to the patent right; Second, it refers to inventions protected by patent rights; The third refers to patent documents. For example: I have three patents, that is, I have three patents; The product contains three patents, that is, the product uses three inventions (patented technology or design) protected by patents; I'm going to look up patents, that is, patent literature. The patent mentioned in the patent law mainly refers to the patent right. The so-called patent right is the exclusive right granted by China National Intellectual Property Administration to the applicant to exploit his invention and creation according to the patent law. After an invention is completed, it will often lead to various complicated social relations, the most important of which is who should own the invention, the scope of rights and how to use it. It is difficult to solve these problems with inventions that are not protected by patents, and anyone can use the contents of this invention after it is leaked. After an invention is granted a patent right, the patent law protects the patent right from infringement. Anyone who wants to exploit a patent must obtain the permission of the patentee and pay the royalties according to the agreement of both parties, otherwise it is infringement. The patentee has the right to ask the infringer to stop the infringement. If the patentee suffers economic losses due to infringement, he may also claim compensation from the infringer. If the other party refuses, the patentee has the right to request the administrative department for patent affairs to handle it or bring a lawsuit to the people's court. Patent right is a kind of intellectual property right, which is different from tangible property right and has time and geographical restrictions. The patent right is only valid for a certain period of time. After the expiration, the patent right will cease to exist, and the inventions protected by it will become the common wealth of the whole society, and anyone can use them freely. The term of validity of the patent right is stipulated by the patent law. The geographical restriction of patent right refers to the patent right granted by one country, which is only valid within the legal jurisdiction of the granting country and has no legal binding force on other countries. Patents granted by countries are independent of each other. Patents do not automatically arise with the completion of inventions. The applicant needs to apply to the China National Intellectual Property Administration Patent Office in accordance with the procedures and formalities stipulated in the Patent Law, and the patent can only be granted if it meets the requirements of the Patent Law after being examined by the China National Intellectual Property Administration Patent Office. If the applicant does not apply to the China National Intellectual Property Administration Patent Office, no matter how important the invention is, the patent right cannot be granted. An invention-creation that has obtained a patent right must fully disclose the invention content in the patent claim, specification or pictures and photographs, because when intangible inventions are transformed into patent rights, the scope of protection must be defined by the patent claim or pictures and photographs, and these public contents are the only basis to support the existence of rights. Instructions, claims, pictures and photographs that record the contents of inventions and creations are the most important parts of patent documents. Patents usually refer to invention patents internationally. In addition to invention patents, China's patent law also stipulates that there are utility model and design patents, and stipulates that the validity period of invention patents after approval is 20 years from the date of application, and the validity period of utility model and design patents is 10 year from the date of application. What is intellectual property? Intellectual property refers to the exclusive rights enjoyed by citizens, legal persons or other organizations in science and technology or culture and art according to law. This definition contains 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). Patent is only a type of intellectual property, and the scope of intellectual property is far greater than patent. The main significance of independent intellectual property rights lies in innovation and protection.

Legal objectivity:

Copyright Law of People's Republic of China (PRC) Article 2 Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law. Article 123 of the Civil Code of People's Republic of China (PRC) * * * Civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law: (1) works; (2) Inventions, utility models and designs; (3) Trademarks; (4) Geographical indications; (5) Business secrets; (6) Layout design of integrated circuits; (7) New plant varieties; (8) Other objects prescribed by law.