Patent knowledge

ask:
1. What is a patent?
2. What is a patent agent?
3. What are the inventions and innovations protected by China's patent law?
4. What protection can patents provide for inventions?
5. What are the rights of the patentee?
6. What should I do if the patent is infringed?
7. What matters are not protected by patent?
8. What kind of inventions can be granted for invention or utility model patents?
9. Under what circumstances does the patent-pending invention-creation not lose its novelty?
10. What kind of inventions can grant design patents?
11. The patent law clearly stipulates that applications for not granting patent rights include those?
12. What is the difference between service inventions and non-service inventions?
13. How to apply for a patent and how to write related documents?
14. How long is the term of patent protection?
15. Under what circumstances does the patent expire before the expiry of the term?
16. What is the cost of a patent application?
17. How should the patent holder pay the annual fee to the Patent Office? What is the cost?
18. Various important deadlines concerning patent applications and patent rights
19. What is impersonation of patent behavior?
20. How to punish for posing a patented act?
21. What patent disputes can the patent administration handle?

answer:
1. What is a patent?
A patent is an exclusive right granted by law to inventions and inventions. It can be either a product or a production method, or a technical solution to solve a problem.

2. What is a patent agent?
When the invention-creator cannot handle various patent matters such as patent applications in accordance with the provisions of the Patent Office, the patent agency may be entrusted to handle the relevant matters. The patent agent, as its name implies, means that someone else applies the invention of the party's invention to the Patent Office for patent or to handle the other patent affairs of the party. A patent agency is an entrusted agency, which means that a patent agency is entrusted by a party to appoint a person who has the qualifications of a patent agent to work in a formal patent agency of the Patent Office. As an entrusted agent, the patent agency is within the delegation authority. In the name of the consigner, in accordance with the provisions of the Patent Law, the patent office or the other patent office is responsible for civil legal acts conducted by the Patent Office. Patent agent qualifications are obtained after a specific assessment. No other organization or individual has the right to accept commissions and cannot engage in patent agency work.
Patent agencies may undertake patent consulting; write patent application documents; handle patent applications; request substantive examination or review of related matters; request revocation of patent rights, invalidation of patent rights and other matters; handle patent rights transfer, resolve patent applications , patent ownership disputes and other matters.

3. What are the inventions and innovations protected by China's patent law?
Inventions and inventions protected by China's patent law are divided into inventions, utility models and designs.

4. What protection can patents provide for inventions?
The protection of patents means that without the consent of the patentee, no one can manufacture, use, promise to sell, sell, or import inventions that have been granted patent rights for production purposes.

5. What are the rights of the patentee?
The patentee has the right to decide who may or may not invent his invention. The patentee may also license his patented technology to others by entering into an agreement. The patentee may also sell his patent right to others and buy it. The person who had the patent right became the new patentee. However, once the protection of the patent expires, the invention can be implemented by anyone for production and business purposes. The original patentee no longer enjoys exclusive rights.

6. What should I do if the patent is infringed?
If the patentee’s rights are infringed by others, he has two ways to protect his rights: (1) To the patent administrative department (such as the infringer or the infringing act in Shanghai, may apply to the Shanghai Municipal Intellectual Property Office) Mediation; (2) to sue the court.

7. What matters are not protected by patent?
(1) scientific discovery; (2) rules and methods of intellectual activity; (3) diagnosis and treatment of diseases; (4) animal and plant varieties; (5) substances obtained by nuclear transformation methods.

8. What kind of inventions can be granted for invention or utility model patents?
The patented inventions and utility models should be novel, creative, and practical.
Novelty means that no identical invention or utility model has been publicly published in domestic and foreign publications before the filing date, has been used publicly or otherwise known to the public in the country, and there is no identical invention or utility model by others. An application was filed with the Patent Office and documented in the patent application document published after the filing date.
Creativity means that the invention has outstanding substantive features and significant progress compared with the technology that existed before the filing date. The utility model has substantial characteristics and progress.
Practicality means that the invention or utility model can be manufactured or used, and can produce positive effects.

9. Under what circumstances does the patent-pending invention-creation not lose its novelty?
The invention-creation for which the patent is applied for does not lose its novelty in one of the following circumstances within six months before the filing date:
First exhibited at an international exhibition hosted or recognized by the Chinese government;
2. First published at a prescribed academic conference or technical conference;
Third, others have disclosed their content without the consent of the applicant.

10. What kind of inventions can grant design patents?
It should be different from or not similar to the designs that have been published publicly in domestic and foreign publications before the filing date or have been used publicly in China.

11. The patent law clearly stipulates that applications for not granting patent rights include those?
First, scientific discovery;
Second, the rules and methods of intellectual activities;
Third, the diagnosis and treatment of diseases;
IV. Animal and plant varieties;
5. Substances obtained by nuclear transformation methods.
The method of production of the products listed in item 4 of the preceding paragraph may be granted in accordance with the provisions of this Law. In addition, no patent right is granted for inventions and creations that violate national laws, social morality, or public interest.

12. What is the difference between service inventions and non-service inventions?
The inventions and creations that are performed by the execution of the tasks of the unit or mainly by the use of the material conditions of the unit belong to the service invention, and the right to apply for the patent belongs to the unit; if it is not performed by the execution of the unit's tasks or by using the material conditions of the unit, The inventions and inventions are non-service inventions. The right to apply for a patent belongs to the inventor or designer.

13. How to apply for a patent and how to write related documents?
Where an application for a patent for invention or utility model is filed, a request, a description and its abstract, and a claim shall be submitted.
The request shall state the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters.
The specification should provide a clear and complete description of the invention or utility model so that technical personnel in the field of technology can achieve it. When necessary, drawings should be included.
The abstract should briefly describe the technical points of the invention or utility model.
The claims should be based on the description to explain the scope of the patent protection.
When applying for a design patent, it shall submit the request and the pictures or photographs of the design, and shall specify the product using the design and the category to which it belongs.

14. How long is the term of patent protection?
The duration of patent rights for inventions is twenty years, and the duration of patent rights for utility models and patents for design patents is ten years, and they are counted from the filing date.

15. Under what circumstances does the patent expire before the expiry of the term?
In any of the following cases, the patent right expires before the expiry of the time limit.
I. Failure to pay the annual fee as required;
2. The patentee has waived his patent rights in writing.
Termination of patent rights is registered and announced by the Patent Office.

16. What is the cost of a patent application?
I. Invention 900
Printing fee 50
II. Utility model 500
Three. Design 500
(currency: RMB)

17. How should the patent holder pay the annual fee to the Patent Office? What is the cost?
The patentee shall start paying the annual fee from the year the patent right is granted. The costs are:
I. Invention patent year 1 to year 3 year 900
Year 4 to Year 6 1200 per year
Year 7 to Year 9 Every year 2000
Year 10 to Year 12 Every year 4000
13th year to 15th year every year 6000
16th year to 20th year every year 8000
2. Utility model patents from year 1 to year 3 600 per year
From year 4 to year 5