In China, patents can be divided into three categories based on their use: inventions, utility models, and designs. A patent is a legally protected invention creation, referring to an invention that submits a patent application to the national approval authority, and after passing the legal review, is granted exclusive rights to the inventor for a specified period. Patents require an application, so which is better: an organization or an individual? What are the benefits?
I. Patent Application Requirements
1. A patent application refers to the request made by an inventor, designer, or any eligible entity to the patent office for the acquisition of a patent right for a certain invention or design. It is a crucial step in obtaining a patent. When submitting a patent application to the national patent authority, the applicant must also provide a series of application documents, such as the application form, description, abstract, and claims, among others.
2. Additionally, to obtain a patent, one must first meet the patent application requirements, then proceed with the application process. Upon being deemed qualified, a patent certificate can be issued. The patent application requirements include:
Novelty: It refers to the fact that the invention or utility model does not belong to the existing technology; nor has any unit or individual applied for the same invention or utility model to the State Administration for Market Regulation before the application date, and it has been recorded in the patent application documents or patent documents published after the application date or announced. In summary, the invention is not found in the existing technology, has never been publicly disclosed, nor has it been publicly used.
The invention, as compared to the existing technology prior to the filing date, exhibits outstanding substantial characteristics and significant advancements. The utility model also possesses substantial characteristics and progress. The inventive aspect of the patented invention or utility model must involve a substantial difference in the technical scheme compared to the prior art, and should be the result of creative thinking activities, not something that can be naturally obtained through simple analysis, induction, or reasoning of the existing technology.
③ Practicality: This invention or utility model is capable of being manufactured or used and can produce positive effects. It has two meanings: one, the technology can be manufactured or used in the industry. Two, it must be able to produce positive effects, meaning that compared to existing technologies, the patented invention or utility model can generate better economic or social benefits.
Are patent applications better for the company or the individual? What are the benefits?
When applying for a patent, whether to do so in one's personal name or in the company's name is a common concern among inventors. Whether it's better for the unit or the individual, there is no definitive answer. In fact, whether it's the unit or the individual, applying for a patent has certain advantages.
1. For the unit:
① Seizing the Market: Patents are not only used to enhance corporate profitability but also serve as a driving force for sustainable development. Therefore, patents have become a crucial force for a company to expand and strengthen itself, and they are also a significant means to participate in market competition. Hence, the more patents a manufacturer holds, the greater the advantage they have in capturing the market first.
② Preventing Plagiarism/Imitation: Patents are part of intellectual property, representing intangible assets with characteristics such as exclusivity, territoriality, and time-limited nature. Exclusivity refers to the fact that during the patent's validity period, any unauthorized use by a company or individual for profit without the patent holder's permission constitutes infringement. This effectively safeguards the legitimate interests of the patent holder. Therefore, the exclusivity of patents plays a significant role in preventing competitors from imitating the company's products.
③ Preventing Patent Litigation Disputes: In recent years, overseas companies have frequently encountered litigation disputes over patents and other intellectual property rights. A major reason for this is the failure to promptly and early apply for international patents. Therefore, enterprises must enhance their awareness of intellectual property protection, regardless of whether it is domestic or international.
2. For individuals,
①Evaluating Professional Titles: Patents can add points for individuals during professional title assessment and talent settlement. Among them, invention patents offer the highest points, followed by utility model patents, and design patents have the lowest. Choosing an invention patent for title assessment is a good approach due to its higher points. However, for title assessment, selecting a utility patent is beneficial as it has a shorter application time, and you can simply check the inventor's position and number for utility model patents.
② Study Abroad: If someone desires to study abroad in another country but is struggling with average scores, having a patent certificate signifies their innovative achievements, which can boost their application. They can apply to universities in the U.S., UK, Germany, and Canada. Additionally, for those seeking immigration, a patent certificate can facilitate a technical immigration process, offering low costs, fast visa processing, and a high visa approval rate.
③ Economic Value Achieved: Owning high-quality patents, transfers can yield a considerable economic return.
