In our country, patents can be categorized into three types based on their use: inventions, utility models, and design patents. A patent is a legally protected invention, referring to the exclusive rights granted to an applicant for an invention after it has been submitted to a national approval authority, reviewed in accordance with the law, and deemed qualified. Patents require application, so which is better, a company or an individual? What are the benefits?
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 filing a patent application with the national patent authority, the applicant must also submit a series of application documents, such as the petition, 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 qualification, 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 is recorded in the patent application documents or patent documents published after the application date or announced. In summary, the invention is something that does not exist in the existing technology, has never been publicly disclosed, nor publicly used.
The invention, compared to the existing technology prior to the filing date, exhibits outstanding substantial characteristics and significant advancements. The utility model also demonstrates substantial characteristics and progress. An invention or utility model patent application must differ substantially from the existing technology prior to the filing date in terms of the composition of the technical scheme. It should be the result of creative thinking activities rather than something that can be naturally obtained through simple analysis, induction, or reasoning of existing technology.
③ Practicality: The invention or utility model can be manufactured or utilized, and it can produce positive effects. It has two implications: one, the technology can be manufactured or used in the industry. Two, to produce positive effects, meaning compared to existing technology, the patented invention or utility model can generate better economic or social benefits.
Is it better for a unit or an individual to apply for a patent? What are the benefits?
When applying for a patent, whether it's better 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 organization or the individual, there is no definitive answer. In fact, whether by the entity or as an individual, applying for a patent offers certain advantages.
1. For the unit:
Patent Grab: Patents are not only used to enhance corporate profitability but also serve as a driving force for sustainable development. Consequently, patents have become a crucial force for businesses to expand and strengthen, and they are also significant tools in participating in market competition. Therefore, the more patents a manufacturer holds, the greater their advantage in capturing market opportunities.
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 purposes is considered infringement, effectively protecting 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, which applies equally to both domestic and international scenarios.
2. For individuals,
① Evaluating Professional Titles: Patents can add points to individuals' professional title evaluations and for obtaining a talent residence permit. Among them, invention patents offer the highest points, followed by utility model patents, and design patents have the lowest. In terms of added points, choosing an invention patent for professional title evaluation is a good approach; however, for professional title evaluation, selecting a utility patent is beneficial as it has a shorter application process, and you can simply check the inventor's position and the number of inventors in the utility model patent.
② Study Abroad: If someone desires to study abroad in another country but is hindered by their average academic scores, having a patent certificate can be a game-changer. It signifies their innovative achievements, allowing them to gain additional points and apply for universities in the U.S., UK, Germany, or Canada. Moreover, for those aspiring to immigrate, a patent certificate can facilitate a technical immigration process, offering low costs, expedited visa processing, and a high visa approval rate.
③ Economic Value Gained: Owning high-quality patents can yield a substantial economic return through transfers.
