How is temporary protection reflected in the application for invention patent?

After a new technology is invented, a patent is generally applied for to protect the legal rights and interests of the technology. But there is a process for applying for Patent rights. In order to protect its patents, we also have a temporary protection measure. How is temporary protection reflected in an invention patent application? The editor of Legal Savior Network will explain to you the legal provisions regarding temporary protection in invention patents.

How is temporary protection reflected in the application for invention patent

The protection of patent rights should start from this Beginning from the date of publication of the patent grant. However, for invention patents, the Patent Office will publish the patent plan eighteen months after the patent application date. At this stage, if any unit or individual conducts production according to the published technical solution without authorization, it will inevitably affect the legitimate interests of the patentee at that time and after authorization.

Therefore, "Patent Law" Article 13 stipulates: "After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees." This paragraph The protection of a patent application during this period is generally called "temporary protection". Once the application is granted a patent, it should be protected by a patent.

Scope of temporary protection of invention patent rights

The content of the claims published by invention patents is often not stable, and may be larger or smaller than the scope of the claims after authorization. So how to determine the scope of temporary protection of invention patent rights?

The scope of temporary protection should be determined based on specific circumstances, that is, “If the protection scope of the claims at the time of grant or the claims after being revised through the opposition procedure (revocation procedure) is greater than the protection scope determined by the claims of the published patent application, the provisional protection of the patent application shall still be based on the published text; On the other hand, if the scope of protection of the claims at the time of grant or the claims after the opposition procedure (revocation procedure) is smaller than the scope of protection determined by the claims of the published patent application, the provisional protection must be based on the narrowed claims. "Because the public can only see the published claims before the patent right is granted, they have the right to decide to take avoidance enforcement actions based on the published claims. If the patented claims expand the scope of protection, provisional protection should not be granted." Otherwise, it will be extremely unfair to the public.

The above are the relevant legal provisions on the temporary protection of invention patent rights. During the application for invention patent rights, in order to protect our own rights and interests, we can apply for temporary protection to avoid infringement caused by others. Necessary losses. If you have other questions, you can seek legal consultation on the Legal Savior Network. I hope it can help you.