The benefits of applying for inventions and utility models at the same time_Longyan Patent Application Agency

, ,, , ) Yixiu Intellectual Property Scope
, , , , ) Trademark agency matters include trademark application registration, trademark opposition, trademark change, supplementary certificate, renewal, trademark right transfer, use license, rejection review, Disputes and revocations, etc. Trademark registration
, , ,, , ) is a patent agent and can carry out all patent matters including patent search, patent right change, patent document writing, application document preparation, reply to examination opinions and other patent affairs according to the different needs of the client. Patent Starting from application
, , ,, , ) Agent for copyright registration, art works, slogan registration, computer software registration, literary works registration
, , , , ) Quanzhou patent application, Xiamen patent application, Fuzhou patent Application, Ningde patent application, Longyan patent application, Sanming patent application, Putian patent application, Zhangzhou patent application, Nanping patent application
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, , ,, , ) 1. Extend the active division case time.
, , ,, , ) In the same application document, the inventor may propose multiple technical solutions for the technical problem to be solved. When the technical solution written in the claims is not unique, the examiner will issue an examination opinion requesting division of the case. In addition, since more than ten claims will increase the excess fee of RMB per item, there are also some technical solutions that are obviously not unitary. For the sake of application fees, applicants can write these non-unitary technical solutions in manual. These technical solutions may not be adopted by the applicant in actual production, but they are likely to be adopted by peers. During the marketing process, the invention is still in the review process. Applicants can, based on the market application situation, submit voluntary divisional applications for those technical solutions that have been applied by peers, in order to monopolize the market and protect their own market interests. Since a utility model was applied for at the same time and there is a utility model patent right to defend, the examination process for the invention is longer and there is longer time to consider whether a divisional application is needed.
, , , , ) 2. There is no need to rush to authorize the invention. You can make more replies to strive for a wider scope of protection.
, , , , ) usually contain some unreasonable things. First, the examiner’s understanding of the technical solution is incorrect. Second, the examiner will use hindsight and think that there is no such thing. creativity. If there is no utility model application at the same time, the applicant will respond by agreeing to the examination opinion, making concessions in a timely manner, and amending the claims because it hopes to obtain authorization as soon as possible. In this case, many opportunities to argue with the examiner will be lost, and much of the scope of patent protection that could have been obtained would be lost.
, , , , ) 3. Authorization of an invention does not necessarily require giving up the utility model.
, , , , ) In the patent agency industry, there is a view that agents do not need to do creative work and write according to technical disclosure materials. Another view is that when the agent writes the inventor's technical plan, it is a second creation. When writing, you need to fully understand the technical disclosure materials, communicate in depth with the inventor based on your own experience, complete the innovative content, and write a richer application document. Since claims have excess fees, when applying for inventions and utility models at the same time, you can consider writing different contents in the claims of the two. Technical solutions that use more existing technologies should be written in the utility model application documents, and more forward-looking technical solutions should be written in the invention application documents. Although such two applications originate from the same invention, they will have different protection scopes due to differences in technical solutions. This is not what the patent law calls "the same invention" and the rights of both can exist at the same time. .
, , ,, , ) 4. The patent protection period is longer.
, , , , ) If you only apply for a utility model, the patent right can only start from the date of grant and end in the tenth year after the date of application. If an invention and utility model are applied for at the same time, the protection period can be extended to twenty years after the filing date.
, , , , ) 5. In the disclosure stage before the invention is authorized, if it is used by others, you can also enter and exit patent protection through utility model patent rights, allowing the infringing party to compensate, not just the use of the technology in the disclosed state of the invention fee.
, , , , ) Article 13 of the Patent Law stipulates: After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees. That is to say, the applicant has the right to request payment of royalties during the temporary protection period of the invention patent, but the applicant does not have the right to request to stop the implementation of the invention during the temporary protection period of the patent. Therefore, implementation of relevant inventions during the temporary protection period of an invention patent is not an act prohibited by the patent law. If the manufacture, sale, or import of the accused patent-infringing product is not prohibited by the patent law during the temporary protection period of the patent, the subsequent use, sale, or sale of the product shall be prohibited even without the permission of the patentee. allow. In other words, the patentee has no right to prohibit others from using, promising to sell, or selling the accused patent-infringing product that was manufactured, sold, or imported during the temporary protection period of the patent. For products accused of patent infringement that are manufactured, sold, or imported during the temporary protection period of the patent, the seller or user shall not be responsible for paying appropriate fees if the seller or user provides legal sources. It can be seen that in the disclosure stage before the invention is authorized, if others use the patented technology, the rights protection process will be greatly compromised. If you apply for a utility model at the same time, the authorization time of the utility model is close to the disclosure time of the invention, and you can already use it at this time. The protection of utility model patent rights overcomes the shortcomings of the temporary protection period for inventions.
, , , , ) Based on the above characteristics, if the applicant's invention is about structural innovation, has a certain technical content, and is eager to be used in marketed products, it is recommended to apply for invention and utility model at the same time.
, , , , ) Yixiu Intellectual Property is affiliated to Fujian Buxiu Intellectual Property Research Institute Co., Ltd., an online intellectual property e-commerce trading platform in Fujian, dedicated to trademark services, patent services, and copyright services. The company is located in Quanzhou, the cultural capital of the East and the starting point of the Maritime Silk Road. With the platform as the carrier, rigorous trust as the purpose, and relying on the convenient services of the mobile Internet, we open up the online and offline service links of intellectual property rights, saving costs and improving efficiency for you and your business.
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