Patent
type of entitlement
registration system
The scope of rights
territorialism
Rights period
Different years by type
Depending on the subject matter, a patent can be a design patent, a new type patent or an invention patent, while a patent right is a patent application made by an inventor, a new type creator or a designer, after examination and in compliance with the provisions of the Patent Law, the technology is disclosed and published. Granted a patent right, the right holder enjoys the protection of rights and interests within a certain period of time.
A patent right is a right to exclusively exclude others from making, selling, offering for sale, using or importing without their consent for a certain period of time.
Patent type
The type of patent application mainly depends on the scope of protection the inventor wants to obtain. For general patent types:
Design patents: Design patents protect the appearance of inventions, and the scope of protection is mainly design, such as the Coca-Cola curve bottle, the appearance of the iPhone, etc., which are all well-known design patents.
New type patent: The new type patent protects the structure of the invention. It should be noted that the new type patent must be a substantial item, such as a chair with special structural technology.
Patent: Invention patents protect the method, process, formula, etc. of inventions. Unlike new models, invention patents are not limited to substantive items. Compared with the other two types of patents, invention patents need to meet relatively high standards.
Patent term
In the case of Taiwanese patents:
The starting date of the patent right for invention: the right will take effect from the date of announcement; the term of the patent right for invention: 20 years from the date of application.
The starting date of the new patent right: from the date of announcement, the right will take effect; the term of the new patent right: it will expire 10 years from the filing date.
Design patent right start date: From the date of announcement, the right takes effect; design patent right term: 15 years from the date of application.
If the annual fee is not paid during the patent right period, the patent right will be lost.
Requirements for a patent application
Taking Taiwan as an example, in order to obtain a patent, three requirements for a patent right must be met:
1. Industrial applicability: If the invention for which the patent is applied can be manufactured or used in industry, the invention is deemed to be available for industrial utilization and has industrial applicability.
2. Novelty: When the patented invention does not form part of the prior art, the invention is said to be novel. That is, the patented technology has not been published, publicly used or known to the public in any form or language anywhere.
3. Progressiveness: that is, the patented invention is different from the prior art. Whether the patented invention is progressive or not, it should be based on its novelty (including the proposed loss of novelty).
However, according to the specification, there are still differences in the examination of various types of patents. For example, the examination of new patents and invention patents is very different. Therefore, it is recommended to arrange the layout according to various types and needs to maximize the patent.
Patent Application Instructions
Although the patent is a registration system, it is also territorial. However, due to the problem of novelty, it is necessary to submit applications in other countries during the priority period. The types of patents, examination time and examination procedures vary from country to country. The general procedures are as follows:
1) Prepare required documents, patent specification
2) Make an application
3) The Wisdom Bureau conducts the review (according to the norms of each country and each patent type, ranging from 3 to 36 months)
4) Notification of refusal
5) Get registered
6) Maintain patent rights
From the agent's standpoint, it is suggested that inventors can adopt the following strategies to protect their inventions:
1. Register in different countries and regions, especially the regions where the company's business is involved.
2. Since patent applications are valued and supported by local governments, many regions have corresponding policy assistance. Appropriate official funding or fee claims can be found according to the applicant body.
3. Applicants can apply for relevant subsidies if they meet the relevant qualifications .