Patent Laws of different countries vary greatly. Most countries and China demand that new inventions have to possess novelty, advancement and industrial applicability. Novelty means that before the date of application or priority day, the invention is not among the existing technology, i.e. it is not publicly known or used. Those that are opened in written form, in tape, in record, photographs, oral form or used, lose their novelty. Some countries adopt global novelty; some adopt national novelty; some have the notion of embracing the global scope as the standard while applying the national standard. Advancement also called creativity refers to that the invention at the time of application is more advanced than the existing technology and its degree is not so obvious to the ordinary professionals in that technological area. Applicability means that the inventions can be produced and used in industries.
The main parts of the Patent Law are two kinds: the occupational inventions accomplished from performing the company’s task or the inventions that are mainly achieved by utilizing the company’s material conditions, whose right of patent application belong to the company; no occupational inventions whose right of patent application belong to the inventors or designers. The United Kingdom had enacted the first Patent Law in 1474; the United Stated in 1790; France in 1791; Netherland in 1817 and Germany in 1877 had promulgated their own patent laws successively. In the world more than 150 countries and regions have their own patent system and the patent laws are gradually internationalized. For example, the Paris Convention taken effect in 1884, the Patent Cooperation Treaty signed in 1970, the International Patent Classification Agreement signed in 1971, the European Patent Convention signed in 1973, and the European Communities Patent Convention made in 1975, the Luxembourg Convention signed inn 1975 and the African Patent Organization signed in 1977 and so on.
At present in various countries’ patent laws there are mainly three kinds of ways to grant patents as bellows:
1, it is registration system. The patent office only processes the formal examination of the patent applications. If the formalities and papers are all complete, it will be registered and the patent will be granted without any examination as to substance. The patents from the registration system usually are not of high-quality.
2, examination as to substance system, i.e. there is not only the formal examination, but also the examination over the inventions’ novelty, advancement and practicability. This system can guarantee the patents’ quality; but it demands large quantities of high-level inspectors and can easily result in backlog.
3, deferred examination system which to those applications that passed the formal examination, publicizes them and protect them temporarily after certain time period since the date of application; in some years after the publication the applicator demands the patent office to proceed the substantial examination. Those who failed to ask for substantial examination would be taken to withdraw the application. This system could reduce the burdens of examination. It is the system that China adopts.
The Patent Law of some countries (such as US) doesn’t demand the patent to be executed forcefully. But most countries, especially many developing countries, legally demand the patentee to apply the patent in that country dutifully. The implementation usually is understood in this way: the product patent refers to produce this invention product; the process patent refers to use this new method in product manufacturing. The patent can only effect positively to the development of this country’s industry and technology through enforcement. Generally, the patentee allowing others to practice his patent can be thought to have enforced his patent. But importation is not enforcement. The patent laws of many countries prescribe that after 4 years since the date of application or 3 years since the patent-grant, the patent-granted invention is not executed or fully executed without just cause would be asked to implement forcefully by the authorities according to the application, i.e. the licensee implement the patent after certain payment. If two inventions rely on each other, the enforcement of one invention depends on the enforcement of the other but no permission was gained from the patentee, some countries’ patent law prescribe that forceful implementation of the other invention can be issued according to the application of one invention. If the inventions are closely related to the country’s national defense, national economy and public health, it could be permitted that other people use the invention after payment; even the country can requisition with some reward. Chinese Patent Law has special prescription for the permission of forceful enforcement of patent.
The patent Law has rules about the problems of patent infringement and lawsuit and so on. Many countries have enacted some effective rules over the implementation of the Patent Laws. In order to avoid the international infringement of patents, a series of international pacts were issued since the 19th century. Chinese Patent Law prescribes that the right of patent should be protected; that the infringer should compensate for loss and of those cases of gross violation criminal responsibility shall be allotted according to the law.
Patent Application Needed Documents
I.The retrieve files and background information related to the applied program. For example, the pre-patent files, documents, periodicals, graph papers, and so on that are close or similar to the applied program. It would be better to precede patent-retrieve before entrusting application of Chinese invention patent. Or else, the applied program may easily be rejected in the process of application.
II.The written technical materials of the applied program. These materials shall contain as follows:
1, the technical area and the applied range of the applied program， and the identical or effect-similar technical measures, technical means, ways and methods.
2, the purpose of the applied program and those technical problems needed to be solved.
3, to describe in detail the technical measures and features in realizing the purpose in words and attached maps. For example, if the applied program was a product, the technical measures and features refer to the structure of the product, the joint, distribution and correlations of various parts and their function in this program, the compound mode and the detailed dynamic system of various parts, that the applied is a method. Technical measures and technical features refer to industrial art, technological parameter and the related detail in the art. In addition, at least one particular example of the applied program should be provided (this particular example does not mean model or material object, but the drawings and word exposition demonstrating the particular example. The model or material object can only be provided to illustrate the theme of the application when the technical measures of the applied program can not be improved through maps and words.)
4, the experimental data, result or the phenomena appeared in the experiment of the applied program.
5 combine the definite case and the experimental conclusion to illustrate objectively the advantages and shortcomings of the invention. If there is no experimental data or result, the inventor should analyze the invention objectively and deduce the possible merits and defects.
6, the distinctness of the applied program compared with the existing technology and technical features in the inventor’s mind.
7, the contents that should be considered technical secrets by the inventor
Validity search A "validity search" is a prior art search done after a patent issues. The purpose of a validity (or invalidity) search is to find prior art that the patent examiner overlooked so that a patent can be declared invalid. This might be done by an entity infringing, or potentially infringing, the patent, or it might be done by a patent owner or other entity that has a financial stake in a patent to confirm the validity of a patent.
Clearance search A clearance search is a search of issued patents to see if a given product or process violates someone else's existing patent. If so, then a validity search may be done to try to find prior art that would invalidate the patent. A clearance search is a search targeting patents being in force and may be limited to a particular country and group of countries, or a specific market.
State-of-the-art research State-of-the-art-research is often conducted by a researcher who would like a comprehensive listing of the most recent patents in a certain field, to help guide his research.
Technically, as a patent searcher, you must make sure you are familiar with the search language for the database you are using. Unfortunately, none of the different patent search engines use the exact same search language. If you assume that you can use the same syntax from one patent searching site to another, you are going to have a problem.
2010 Oct. 14th, The 12th China Patent Award Evaluation Meeting held in Beijing. After review the Committee's consideration, 181 patents were rewarded and 5 of them are China Patent Golden Award. All winning projects will public in the State Intellectual Property Office, the government website and China Intellectual Property News.
There’re some changes this time. Like the cycle turns from every two years to one year. And Gold Medal Award from the China Patent extended to China Patent Award of Excellence Gold Award, Excellence Award and the Chinese design Gold Award, Award of Excellence.
Patent Awards 2010 received a total of 431projects which come from 16 central ministries, 31 provinces, autonomous regions and Xinjiang as well as four industry associations recommended. Compared with the previous, the number of ministries recommended a relatively large increase, reaching 92. Design awards in 2010 from the previous 10 increased to around 79, which is a substantial increase.
Let’s look who are the 15 holders of patented gold projects:
Huawei, Sinopec, Sany Heavy Industry, IWNCOMM, in fact Purcell, Tsinghua University, step pharmaceutical, Visionox Technology, Huaxing Metallurgical, Daya Bay Nuclear Power Station, Jilin University, China Electric Power Research Institute, New World creatures, Tencent.
Respective these fifteen golds, 3 are sending by the Guangdong Provincial Intellectual Property Office, and two are from Shenzhen Huawei and Tencent. That’s indicating that Shenzhen has really strong innovation ability. Meanwhile, there are 3 golds from the universities and research institutions, which we believe is still the intellectual work in this area of the infant. There are many involved in IT industry, such as Huawei's patent No. 00122430.1 "may smooth expansion of the data communication system.” This shows that this industry remains strong vitality.
A patent map (as follows) is a useful graphical model of patent visualization. This practice enables companies to identify the patents in a particular technology space, verify the characteristics of these patents, and identify the relationships among them, to see whether there are any zones of patent infringement. Patent mapping is also referred to as patent landscaping.Why Patent Map exists?
Patent map which is a way to analyze the patent literatures becomes more and more popular for the enterprise patent workers.
A patent is a kind of exclusive rights of an inventor granted in accordance with law. Patent is a document issued by a national government granting an inventor exclusive rights to an invention for a limited time. Patents are important information sources of science and technology. Every country attaches great importance to patent literature. The patent literatures contain a large number of economic, technological and legal information, and have become an important information source for high-tech enterprises.How Important Patent Map is
Patent Map is an important tool in collecting, settling, utilizing the information of patent. Patent Map is not fully used nowadays because the function has not been realized by most of enterprises. We hope that more and more enterprises could utilize Patent Map as a sharp weapon in technical competition. It is revealed by WIPO that over 90% of all the world s inventions are found in patent documents. Additionally, it is also disclosed by EPO that "patents reveal solutions to technical problems, and they represent an inexhaustible source of information: more than 80% of man s technical knowledge is described in patent literature." But patents are often straitjacketed as legal documents that aim to cloak a technology in the name of market interests rather than project it. Patent map provides technology formation in the relevant fields, and statistical analysis method. Analyzing the chart can academic information and make it available to company strategy. Patent map can be used for indicating the direction of enterprise's development. What is more, the technical analysis technology, especially the distribution of competitors can be used to monitor the patent technology distribution, which will enable enterprises to get the knowledge of competitors. Enterprises will not only use patent map for intellectual property management, but also apply to the management of market and technological innovations.
Patent Dashboard in the Family of Patent Tools
US Patent and Trademark Office, coming from the Patent Office, has undergone a long history. The first patents for inventions were issued in 1641 by the colonial governments. The first U.S. patent laws were enacted by Congress in 1790 under the authority of Article 1, Section 8, of the Constitution. The Patent Act of 1790 was administered by a commission composed of the secretary of state, the secretary of war, and the attorney general of the U.S. The basis of the present patent system is the act of July 4, 1836. Many legislative enactments have modified the original patent law. The most important of these is the act of July 8, 1870, and the subsequent act of July 19, 1952, which revised and codified the patent laws and which amended and constitutes the patent law in force at the present time. In 1849 thePatent Office became a part of the Department of the Interior; it was transferred by executive order of the president to the Department of Commerce in 1925.On January 2, 1975, the name was changed to Patent and Trademark Office.Trademarks Registration Points
Trademarks are federally registered in the U.S. Patent and Trademark Office of the Department of Commerce (USPTO ). When a trademark owner applies for registration, the office will examine the application to see if the trademark meets the conditions of federal law. One important condition is that the trademark is not confusingly similar to a mark previously registered or used in the United States. PatSnap can give you details which can help you avoid problems.How to Decide US Trademark Infringement
Under a 1996 revision to the law, the owners of famous trademarks may seek to prevent use of similar marks, even if used by unrelated products. On approval of theapplication , the trademark is published in the official gazette granted; it lasts for ten years and may be renewed at ten-year intervals for as long as the trademark is still in use. Once a federal registration has been obtained, the owner may give notice by using the symbol ® next to the trademark.
For example, the celebrated trademark "Coca-Cola",
Anyone who uses a mark so similar to a registered trademark that it is likely to cause customer confusion is an infringer and can be sued in a state or federal court. In deciding whether there is infringement, the court compares the conflicting trademarks as to similarities in sound, appearance, and meaning, and compares the similarities of the goods and services. Other relevant factors include whether the competing parties goods are sold to similar customers, through similar channels of trade, and the fame of the marks. Unlike patent or copyright infringement, trademark infringement is defined solely by the likely confusion of customers. The usual remedy after a court trial finding trademark infringement is an injunction prohibiting the infringer from using its mark.
In general, Patent Search Engine covers more advanced uses of patent searching. Have you ever used Patent Search Engine? If you do not have patent search engine experience, you can obtain background information by going online and using free patent search engines, such as www.patsnap.com or www.google.com/patents. Both of these free patent search engines have online instructions. You can do it. Hope these online tools could help you.
Yes - actually you can do your own patent searching. There are today plenty of patent search engines to help you do just that. There are any number of ways for you to do this and I hope you find the information here useful.
Patent searching yourself is very doable. To be perfectly honest though it can be tedious if you have never done it before and are not excited about reading through many dense patents. Your other option of course is to hire a patent search firm to do it for you and save your time.
The most familiar service to many can be found at the patent search engines of United States Patent Office .
Frankly, my preferred online search is the one at Patsnap. There is both a free version, and a much more sophisticated on that I use in my practice. It can be found at patsnap.com. There are many other good search resources, and many of them are free. they only consume your time!
- The quality of the action setting forth allowance or final rejection of the application.
- The quality of the actions taken during the course of examination.
- The use of best search practices in the examiner’s initial search for prior art.
- The use of best examination practices in the first action on the merits.
- Trends in compact and efficient examination as reflected in aggregate USPTO data.
- The perceptions of applicants and practitioners as measured by surveys.
- The perceptions of examiners as measured by surveys.