What is the meaning of national patent？
In my country, patents have two meanings:
The use in colloquial language only refers to "sole possession". For example "this is just my patent".
There are three meanings in intellectual property rights, which are easy to be confused, including:
First: Patent right refers to the patent right enjoyed by the patentee, that is, the right granted by the state to the patentee or his successor to the exclusive use of his invention and creation within a certain period of time according to law, and the emphasis here is on the right. A patent right is an exclusive right, which is exclusive and exclusive. In order to use the patented technology of others, a non-patentee must obtain authorization or permission from the patentee according to law.
Second: It refers to the invention-creation protected by the patent law, that is, the patented technology, which is a proprietary technology recognized by the state and legally protected on the basis of disclosure. "Patent" here specifically refers to a technology or solution protected by national laws. (The so-called proprietary technology is the technology that enjoys exclusive rights, which is a larger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are only available in certain technical service contracts Meaning.) A patent is an invention-creation protected by legal norms. It refers to an invention-creation that submits a patent application to the national examination and approval authority, and is granted to the patent applicant within the time limit specified in the country after passing the legal examination. enjoy exclusive rights, and need to pay regular annual fees to maintain this state of protection.
The third: refers to the patent certificate issued by the Patent Office confirming the patent right that the applicant enjoys for the invention-creation or the patent document that records the content of the invention-creation, which refers to the specific material document.
What is an invention patent
According to the provisions of Article 2, paragraph 1, of the Implementing Regulations of the Patent Law, the term “invention” as mentioned in the Patent Law refers to a new technical solution proposed for a product, method or improvement thereof.
(1) Invention is a new technical solution
A technical solution refers to a specific idea that uses the laws of nature to solve a specific technical problem in human production and life, and is a plan that uses the laws of nature and natural forces to produce certain effects. The classic teaching materials of the World Intellectual Property Organization point out that invention is a kind of thinking activity of the human brain, and it is a technical solution to solve various problems in production, scientific research and experiment by using the laws of nature.
A technical solution generally consists of several technical features. For example, the technical features of a product technical solution can be the shape, structure, composition, size, etc. of parts, components, materials, appliances, equipment, and devices; the technical features of a method technical solution can be processes, steps, processes, time involved, temperature, pressure, equipment and tools used, etc. The interrelationship between various technical features is also a technical feature.
Scientific discoveries and scientific theories are people’s understanding of unknown substances, phenomena or changing processes that exist objectively in nature, and their laws are summarized. They do not belong to the inventions and creations referred to by the Patent Law, and therefore are not the objects of protection by the Patent Law.
(2) Inventions are divided into two categories: product inventions and method inventions
Product inventions include all objects created by humans, such as inventions made of machines, equipment, components, instruments, devices, appliances, materials, compositions, compounds, etc. Method inventions include all methods that exploit the laws of nature. It can be further divided into two types: manufacturing methods and operating methods, such as inventions made on processing methods, manufacturing processes, testing methods or product use methods.
Inventions protected by patent law can also be improvements to existing products or methods. The vast majority of inventions are improvements to existing technologies, such as a new combination of certain technical features, a new selection of certain technical features, etc., as long as the combination or selection produces a new technical effect, it is OK. Patented invention.
YIGO's three National Patents
These three patents are about our new design about Stairs. To meet the requirements of our American customer, our boss (also our main designer) designed a mono stringer stair with the gap between treads not more than 4 inch. If so, this stair can meet building code of American. As this is a mono stringer, the wire for light can be hiden into the middle tube. With the light, the staircase looks much more beautiful.
Now, many customers like floating staircase, but, it is too late for them to hide the stringer into wall. So, our designer designed the stringer to be shown outside, if it is timber treads, the stringer can be covered by timber. And, people also can walk on the stringer. It looks elegent.
