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Some netizens asked:
Company A patented 1234 features, and Company B later applied for patent 123 features (plagiarism A), and Company A found that B was plagiarized, will B be punished?
Patent infringement issue, thank you for answering your questions!
Question 1: Suppose company A patents 1234 features, and company B later applies for patent 123 features (plagiarism A), and company A finds that B is plagiarism, will B be punished?
Question 2: According to the principle of comprehensive coverage, if Company B does not have full coverage, but it has copied most of it, is this considered plagiarism?
Question 3: If B's patent is filed, does Company A's patent fall within the scope of Company B's patent protection? (Probably not)
I patent the question that the little white brain came up with with a fever, and I ask the god to answer the questions! Thank you very much to everyone who answered!
Reply
There are indeed people talking nonsense. Distinguish one by one.
This question is a very typical good question, and the background of the question is translated, that is: on the basis of the predecessors, how to bypass the patent minefield of the predecessors to apply for a patent?
About plagiarism
P A T E N T
In terms of patents, there is no problem of plagiarism, and there is no penalty for "plagiarism". From a legal point of view, the dissemination, promotion and application of patented technology in the public are encouraged: the publication of patent applications will enter the public domain; During the term of patent protection, the license fee shall be paid to the patentee; After the patent protection period, the technology belongs to the public.
Company B later applied for patent 123 features, if it did refer to Company A's patent, and if the nature of Company B's act was to improve Company A's patent, because it was found that it was okay to have no 4, then Company B's act was a continuation of research and development, which was protected and encouraged by the Patent Law. Therefore, there is no plagiarism at all, and of course it does not constitute infringement.
Of course, if Company B files a patent application after referring to Company A's patent, there may be a variety of other possibilities that cannot be exhausted. However, the basic common sense is that it is meaningless to copy and re-apply for other people's technology, especially the technology that has been patented, and it is not difficult to change it anyway.
Infringement and Plagiarism
P A T E N T
Of course, if another person's patented technology is put into commercial application without permission, it is patent infringement and compensation for infringement should be made. But there is usually no ethical aspect to this. Patent infringement, unless there is a special case of bad faith, e.g., intentional infringement under knowing circumstances. In most cases, ordinary infringement is not considered to be malicious or faulty, and cannot be called "plagiarism", after all, it is difficult to accurately determine patent infringement, and the public generally does not have such professional ability.
Regarding patents falling within the scope of protection
P A T E N T
There has never been a question of infringement by a patent falling within the scope of protection of another patent. There is only the question of whether the commercial operation will fall within the scope of patent protection, that is, the commercial exploitation of another person's patent, thus constituting infringement.
Correspondingly, the use of the principle of comprehensive coverage in the question is incorrect, and the principle of comprehensive coverage cannot be understood in this way.
Technology research and development and patent application itself do not belong to the implementation of patents and do not lead to patent infringement. As mentioned above, it is a legitimate act to improve and develop on the basis of the patents of others and apply for patents for the results, which is protected and advocated by the Patent Law.
For details, please refer to:
Introduction to the section "2 Experimental Scientific Use" in the Limitations and Exceptions to Patent Infringement (I).
Company B later applied for patent 123 for novelty and inventive step
P A T E N T
Although in most cases, it is unlikely that the subsequent patent application will be novel or inventive, the possibility of an exception cannot be completely ruled out.
For example, if the patent is an "element omitted invention" as described in the Patent Examination Guidelines, that is, if the nature of Company B's act is an improvement on Company A's patent, because it is found that it is possible to have no 4, then the later application may still have novelty and inventive step.
For example, if the applicant finds that the features of patent 123 can solve a special technical problem that is not recognized by the prior art, it may also make the later application novel and inventive.
Patent awareness and patent capability
In order to obtain a top-notch patent, that is, a patent that effectively protects important technological achievements, the applicant and inventor of the patent must have basic patent cognition and patent ability.
- First of all, we can dig out the technical solutions suitable for applying for patents from the technical achievements;
- Then, we can find a qualified agency and entrust the case to it;
- Then, we can cooperate with the agency to complete the drafting and submission of the patent, and monitor the quality of the agency's work;
- Finally, you can make good use of your own patents, realize their value, and solve other patent problems at the same time.
Just one reminder is that the vast majority of granted patents have technical problems because they are not well written or applied, and cannot effectively protect important technological achievements, so they are not top patents or good patents. Therefore, it is important not to evaluate the quality of a patent based solely on whether it can be granted. To apply for a patent and make good use of the patent, including but not limited to dealing with the above issues, as an applicant, a patentee or an individual, etc., need to have the corresponding patent awareness and patent ability. For further reference: "The R&D Patent Guide" is a complete solution from patent enlightenment, cultivation, application to value realization (long press or scan to identify the following QR code to read the article)
The above information further comprehensively covers patent applicants and right holders such as enterprises, and combines them with the actual needs of production and operation, and provides solutions to various patent-related problems that may be encountered in patent application and application, with better readability. I believe and look forward to helping everyone.
These materials are truly located in developers and enterprises in terms of patent cognition and systematic cultivation of patent capabilities, and will not deviate due to the limitations of patent agents, examiners, lawyers, etc. Correspondingly, it also has a reference significance for the above-mentioned professionals who serve enterprises, especially for those who may transform into enterprise development.
Enterprises and other rights holders can also solve immediate and long-term problems through patent consulting services that "grant both fish and fish". For reference, please refer to: Q&A: What can external patent counsel and patent consulting firms do for enterprises? (Long press or scan to identify the following QR code to read the article)
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