America patent common misconceptions

A patent to protect, as described by the invention

Many people think that, I have an invention, according to the invention of writing a description, and then apply this to the patent office. The application is approved, the invention must be protected. Their understanding is the description of the invention patent, the patent granted nature also will protect this invention. Really do not know the definition of patent rights, patent, not described in this section, but in the language of obscure power requirements of this part.

In general, the claim is a lawyer to write. For some Chinese mainland companies, they don't know the relationship between lawyers and the media, they claim, may be the conduit company do not understand completely the patent law of the people writing. The claim, if it is too narrow, the patent can not effectively protect the invention; if it is too wide, the patent will not approve the application. For intermediary, their aim is to get a patent, not to protect the invention, so often they wrote the claim is very narrow, often narrow to not what practical significance.

To take an extreme example, if you produce a machine, the intermediary in the described, describes the machine, but they claim, only defines the lid of this machine (because the lid has a novel). Patent approved, you may be happy, but if the other company tort (sales of similar product, only cover different), then the patent, in fact did not protect the products.

Sometimes, the lawyer business to customer (especially not understood this question in the agency at the beginning), and customers do not understand the law (the problem is especially common in the first time to apply for a patent lawyer for guests), so the basic definition of an invention preferably by lawyers and clients to determine. Of course, with a long time, the lawyer will understand business customers, so the work may be more convenient, at least two common language will be more and more.

The invention described to the lawyers, then regardless of the approach, is not desirable. The customer's attention, often is the patent itself is approved or not. They do not pay attention to patent of utility.

To apply for a patent, the applicant's own heart must be clear, in the existing patent, his idea of what is protected by law, what ideas are not protected by the law.

Two, there are the approved patent, I can start to describe production of patent products.

Company or person in general, will write good description. If a lawyer to write qualified claims, and the patent approval; patent office will give the description of the invention and claims in state to publish. In this case, some people think that I request scope production, sales of the products in my right, should be no problem. Very interesting, it is quite a common misconception.

Explain this matter, to start from scratch. The patent office in the examination and approval of an application for a patent, consideration for novelty and obviously. In other words, the Patent Bureau in approving the patent application rights, only consider whether the application is novel and is obviously. They do not examine the application of the right to apply for patent application if other causes infringement.

We give a practical example to explain. After the J. A. Fleming invented the electronic diode, successfully applied for a patent. After that, Lee De Forest invented the electronic transistor and successfully applied for a patent. Understand electronics people know, the electronic transistor can be regarded as two diodes on together. In fact, Fleming claims to fully cover the electronic transistor. So, the patent De Forest patents on Fleming caused by infringement.

Understand electronics knows, because the transistor can be used to amplify electrical signals, and diode without this function, so the triode has play a decisive role role for electronics. An electronic signal, after the transfer, will be weakened, if we cannot enlarge the signal weakened, so electronics applications will be greatly limited. Can say, no triode is no electronics. According to the patent law, the patent and trademark office that the De Forest triode for novel and not obviously, so the patent and Trademark Office approved the De Forest application.

If the De Forest get ratification, immediately blind start production, sales transistor, will may be the Fleming suit.

In general, the solution to this problem is that the two sides to reach a mutual authorization protocol. The rationale for this solution to the problem lies in that, the invention of the transistor, is based on the invention of diode. So Fleming in the invention of De Forest, by some interest. Allow Fleming triode, to compensation for the use of Fleming diode triode invention development, also is reasonable.

Three, there is a patent, I wouldn't have told

Know the first and the second paragraphs, it is not difficult to understand the third.

First, because the power requirement is to cover, so the patent office does not review the machine itself, the machine is infringement on other patent, the patent office does not review.

Second, the inventor not waiting around for someone's lawyer letter (because the lawyer letter often claim), but before the products on the market, into a protocol and tort Fonda, such products once popular, everyone can according to the agreement, who does not envy, who would not say what.

Four, patent search is the same

Understand the previous item, the reader will understand, patent search is not the same. If you ask a lawyer inquiry, make sure that you are asked the lawyer inquiry what. Query patent application feasibility and query of patent infringement are two different things.

Five, if the patent covers I think the products I cannot produce

The patent office requirements all lawyers are first Engineer (or they are not granted a patent lawyer license). I don't know what is the most important consideration of the patent office, but for the lawyer's daily work, one of the most important work, is the need to engineer knowledge work, is called design around.

Design around means is really simple. Do you want to sell a product, after lawyers tort query, found a conflict of patent, so how to do?

The solution is: design around, which is around the patent for design. This topic is too big, and according to the field varies, so can not lump together. We go beyond. Here only then the first misunderstanding to say a few words. Write a claim, is an art. Its purpose is to prevent others design around. It is called an art, because the future development of the technology, will open some unexpected door today. To prevent unexpected design around, is not an easy thing.

In short, if a company does not use intellectual property law to protect their intellectual property, so they can only take advantage of price competition, a relatively popular words, this competition who also not to earn money. From the perspective of long period of stability, the real wealth depends on fully understand and use of intellectual property law.

For many Chinese enterprises at present is crucial.

Note: the author of this paper holds USA Federal Patent and Trademark Office awarded the patent law license.