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Patent Application Strategy Of Chinese Enterprises

Posted on:2015-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2309330431458447Subject:Law
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Enterprises patent applications strategy is holistic planning guidance for enterprises with enterprise patent work for the realization of strategic goals and develop.Enterprises patent applications strategy should cover the decision phase research and development work, the implementation phase and the patent applications phase.A certain sense,enterprise patent applications strategy determines the direction of development of enterprise, research and development work and patent applications strategy once the conflict, it shall terminate the research and development work or to adjust the direction, to avoid wasting corporate resources.Enterprises patent application strategy, including features of the integrity, relative stability, legal, diversity, regional and secretly, is enterprise patent strategy an integral part, having important implications for enterprise patent work.Enterprises patent application is strategic planning of patent application strategy is working, you need to follow certain principles, including the principle of legality, the principle of rationality and feasibility of principles.Enterprises patent application strategic_are mostly for enterprises to obtain patent rights to gain a competitive advantage,or restrict competition by peripheral patent application, or to avoid restricting competitors themselves, or apply for certain patents to confuse each other.So author believes Enterprises patent application strategic is essentially a strategic offensive.Although the importance of Enterprises patent application strategic__is self-evident, but the majority of our enterprises did not develop such a strategy, or simply do not understand the concept of patent applications strategy.Cause this situation is multifaceted. partly due to the lack of the patent system, on the other hand weak corporate patent awareness is also an important reason.Enterprises patent application patent applications strategy preconditions including ownership rights of patent applications, patent application preparation and patent applications necessity before.The patent application rights are a prerequisite for patent applications, so enterprises should first confirm whether they have the right to the patent application.In China, enterprises can apply for a patent as a unit, enterprises can obtain The patent application rights by way of agreement commissioned independent research and development and technology transfer contract agreement contract.The right to a patent application must be confirmed, otherwise the patent application may be rejected even before the patent applications infringement damages caused by interests of enterprises.There are many kinds of processing modes for innovations of enterprises, including the patent, technical secret protection, public technological achievements. Not all innovations need to apply for a patent, patent protection is not suitable for all innovations. Whether to apply for a patent for a innovation achievement, enterprise need to consider various factors, such as market demand, the properties of the technology itself, the development of related technical field and the situation of the competitors, etc.Enterprises can take a variety of ways a parallel approach, while enterprises should pay attention to handling the conversion between various innovations, particularly technological secrets protection to patent application conversion.Enterprise decided to apply for the preparatory work before the patent include adequate market research, application programs and determine the scope and so on.The basic content of enterprise patent application strategy include aspects of timing, type, scope and priority issues such as patent applications.Enterprises need to select the appropriate patent application times.The right time to be able to make enterprise applications to obtain timely patent, while curbing competition to the maximum extent.Timing of application can be determined according to different strategic enterprises objectives, but also the type of patent considerations, related technology development status and competitor research and development and so on.In China, the type of patent applications including invention patents, utility model patents and design patents of three.Enterprises need to pay attention to both the similarities and differences as well as the conversion of both invention and utility model.Patent applications to determine the scope of patent applications for enterprises work plays a vital role.Apply too wide may cause the patent application is rejected, the application is likely to be too narrow to take competitors to bypass strategy.Enterprise working in the patent application can not ignore the priority.Priority is a subsidiary of the rights of patent applications, all attributed to the patent applicant.Enterprises to through domestic priority patent applications type conversion, save the patent application has been withdrawn, split or merge patent applications and to avoid self-conflicting application purposes.Foreign priority is based on the right to produce the "Paris Convention", their priority is not rich in content, but for enterprises to international patent application has some positive significance.International patent application is an important part of enterprise patent application strategy, both to improve competitiveness in international markets, but also can be effective in protecting the interests of the international patent disputes in the enterprise.Because different countries have different patent systems,enterprises in need to understand the patent system in the country.Enterprises in international patent applications are usually two ways, direct application and apply for PCT. Most enterprises using PCT international patent applications, while simplifying application procedures, other enterprises to have ample time to adjust their application strategy.Patent mining can be to provide enterprises with new patent material.lt is a integral part of the enterprise patent application strategy. Use of patent information mining can grasp the development status of related areas, affect the development of strategic objectives. The patent mining of technology material can be acquire new technology solutions from enterprises have been obtained the innovative results in favor of the implementation of enterprise patent strategy.
Keywords/Search Tags:Chinese enterprises, Patent applications, Strategy
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