Patent, that was born in 1980, is the National Patent Administrative Authority in accordance with the patent law grant patent applicants in a certain period of time to enjoy the results of their invention.
There are rights for possession, use, disposition and proceeds. It is a property right by use of legal means to protect creative results of the invention, exclusive of the existing market and powerful weapons to seize the potential market .
Our country has stipulated a patent but what does it do? Exclusive rights, respect for the inventor, and the labor of the designer. Patent rights is an invisible assets, whose value is commodity and can enter the field of exchange, that requires a legal system of "patent law" to protect its invention and value.
What are the types of patent?
1, Invention patent. Invention refers to the new technical proposal proposed for the product, method or its improvement. It is divided into product inventions and technical solutions of invention. Product inventions refer to all inventions that appear in tangible form, i.e., the use of articles to express their inventions, such as machines, equipment, apparatus, supplies, and the like. Method invention means that the technical solution provided by the inventor is an invention that deals with a certain effect of a substance and causes a new technological effect to occur. Through the mode of operation, the form of the process method invention expresses its technical program.
2, Utility model patents: utility model refers to the product shape, structure or combination of the proposed and practical new technology program. Utility model patents only protect products with a certain shape. Products and methods without fixed shape and the design of a simple planar pattern is not included in this protection. Application of utility model patents is no substantive review with short approval period and low fees.
3, Appearance design patent: It refers to the product shape, pattern or its combination and the combination of color and shape, pattern made by the rich aesthetic, that is new design for industrial applications. That is the product style. It also includes a simple planar pattern for the features of design.
what are the ways to protect rights when infringed patent?
1, Self-mediation: on the basis of equal consultation between the two sides, it is to reach a settlement agreement. Self – mediation is quick and friendly settlement of disputes.
2, To apply for mediation and handling to Patent Administrative Authorities, relying on administrative means to order infringers to stop infringement and punishment. Its the procedure is simple and fast processing.
3, to file a lawsuit to the court requires the infringer to stop infringement and claims for the economic losses caused by infringement. It can effectively combat competitors and consolidate the dominant position that already have in the market, but also it can get a compensation from the hands of the infringers. The judgment or mediation of the people's court shall be legally binding and shall be guaranteed by the State for its enforcement.