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New patent applications and transfers
2022-07-01 17:32:00 【Xinzhou enterprise service】
In order to obtain patent certificates to protect related technologies , Generally, the original patent application is adopted . But the waiting time for new patent applications is long , And there is a risk of unauthorized , Make new patent applications have advantages and disadvantages , You need to choose according to the situation : Is the transfer of quick access , Original acquisition ?
Before a new patent application , Need to know what is the patentee and inventor .
Patentee , Before the patent is authorized , It is generally called applicant , After authorization , It is called the patentee of the patent , Is the person who owns the patent , It can be a person , It can also be an enterprise ;
Inventor , According to the Patent Law , People who make substantial creative contributions to patents .
Respective advantages of new patent application and transfer :
1、 A new patent application can obtain the original right of authorship , The transfer of a patent can only obtain the right of authorship after the transfer . Patent transfer , Despite the patent transfer , But the patent certificate still shows the original information . therefore , From the perspective of patent signature , The original patent application has unique advantages , Multiple obligees can be signed , You can also sign multiple inventors . After the patent is authorized , The information displayed on the front and back of the certificate is also consistent . This is the biggest advantage of the original patent application , It is one of the biggest differences between the original patent application and the certificate of patent transfer ;
2、 The original patent application can also be obtained with the project 、 technology 、 specialty 、 Original patent content related to creativity , Its relevance is very strong . It can avoid project level irrelevant , Professional irrelevance .
When there are new ideas or products that need protection , Or choose the original patent application to protect these products or ideas . Patent transfer , Often can only be similar , And it is more difficult to obtain the corresponding association protection ;
3、 The cost of the original patent application is relatively low 、 Easy to add or delete 、 We can grasp the focus of protection 、 Gain advantages such as multiple authorizations . Compared with the mature patent transfer , The original patent application is original : The original record 、 Original idea 、 Original protection, etc . So if time is relatively abundant , I suggest you apply for a new one ;
4、 The new application takes a long time , It is also possible that the audit authorization after submission is unsuccessful . And with the change of patent examination methods , The requirements for patent writing or creativity are getting higher and higher , Not only need to satisfy creativity 、 Novelty and practicality , It also needs to conform to specific review methods , therefore , After the difficulty of patent application increases , Many people are also deterred . More time , You may choose to transfer directly , Buy off the shelf technology ;
5、 one can't make bricks without straw , Patent applications are also , If there is appropriate creative technology and sufficient time , It is suggested to apply for a new patent , The technology should be as perfect as possible , Improve the pass rate ;
All in all , For new applications or transfers of patents , According to different needs , Choose the right way to get .
For more information , Welcome to pay attention to Xinzhou Enterprise Service .
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