What Are The Protective Measures Of Software Patents?

about enterprise In other words, the time to acquire new knowledge is often an important factor determining whether an enterprise is successful or not. How have SMEs in China been doing for a long time? Managing intellectual property The lack of effective methods is also a severe challenge.

The impact of various agreements reached within the WTO framework on China's small and medium enterprises may be all directional. Although relaxing the restrictions on the qualification of trade subjects will bring greater freedom to the import and export trade of small and medium-sized enterprises, it will also intensify competition in this area. With the increasing awareness of intellectual property protection, "free lunch" is becoming less and less in the field of science and technology. It is impossible to manufacture or sell related products without paying any cost to intellectual property owners.

Experts emphasized that for small and medium-sized enterprises, it is very important to establish research and development projects and to closely examine relevant patents and non patent documents. This is particularly important for determining whether there is a first patent application and prior rights. Since we need to focus on the novelty of the global scope, we must study the patent grant information published by China and other countries and regions. There are patent information published and granted by the European Patent Office and the United States Patent and Trademark Office on the Internet.

According to the law, patent Only to the inventor, how the inventor transferred to the enterprise he worked on was completed by agreement. However, we must ensure that all the names of the inventors are included in the patent application. When applying for a patent, an enterprise should take into account the current and future market areas, the state of funds, the possibility of cooperation and cooperation in research and development, the degree of awareness of the law, and the ability to negotiate under these laws, and the size of the market, so as to design effective strategies. China has joined the Patent Cooperation Treaty and the Paris convention. According to the Paris convention, Chinese citizens' patent applications filed in China can be given priority in other member states of the Convention. Of course, applications can be filed in all Member States through the Patent Cooperation Treaty. Once a PCT patent application is brought up, it will get 18 months of international research report. Enterprises can assess the possibility of designing technology based on initial application in different countries. Although the above two approaches will result in a certain cost, they can significantly reduce the risk of application.

In the patent specification, all the test procedures of the relevant invention must be described in detail. When it comes to the invention of microorganism, the vaccine must be stored in the authoritative preservation institution, so that the registration number of the vaccine can be obtained and recorded in the patent specification. Preservation of bacterin also costs, but if there is no new cell variety, it will not cost much. In addition, it involves gene expression: the invention of DNA and RNA must also describe the consequences in the patent specification. When applied in non English speaking countries, additional costs will be involved in translation. {page_break}

The maintenance of patents requires not only paying annual fees, but also more and more important expenses are being used to protect related patents from infringement or challenge from others. A patent granted by a patent agency does not mean that it has obtained any privilege from being subject to judicial inquiries during the validity period. According to the TRIPS agreement, many countries stipulate that the duration of patent protection is 20 years. Few people have noticed that the reason why a question has been authorized is usually lack of novelty, right attribution error or obvious. Therefore, enterprises must carefully record their records for at least 20 years. In view of disputes that may arise in the future, enterprises need to keep all necessary documents, such as research and development records, technical documents used in patent applications, production cost, sales data and scope, quantity and price of raw materials, etc.

For Chinese enterprises, the preservation of relevant patent records is a weak link. In the field of patent rights, people always think of patents, business secrets and other concepts. In fact, preserving the relevant patent records is not limited to this. One enterprise must take into account many other situations. The basic records kept for an invention should include: permanent and binding recording instruments; try not to use loose leaf forms, because this may reduce the credibility of the records; all page numbers must be kept in continuous indication; use high-quality paper and ink; all records must be signed by authorized persons at the right time; describe all the test details, setting conditions, test conditions, etc., and record all observed contents.

Compared with the past, cooperative R & D between enterprises seems to become more frequent. The motives and purposes of cooperative R & D are different, some are dedicated to share research and development of specialized technology and equipment, others are made by market network and shared equipment. In the process of cooperative R & D, the two parties need to sign a formal contract to conclude intellectual property ownership relations in different countries, to acquire and maintain intellectual property cost sharing and consequent revenue sharing; to maintain a business secret; to assess the intellectual property rights of each party before the R & D; to generate intellectual property rights that are not related to the plan and to settle disputes in the course of the project. If the intellectual property rights of the sponsors are stronger than those of their partners, cooperative research and development may comply with the wishes of the sponsors. Many other factors should be included in the agreement, with special attention to the confidentiality of the R & D process.

When acquiring technological achievements, enterprises often neglect other things related to intellectual property rights. In checking intellectual property contracts, all terms relating to patents, trademarks, technical secrets, draft plans and raw materials shall be inspected, and the obligations of the contract must be clarifies. For example, many contracts stipulate that Licensee has no right to doubt the validity of Licensor's patent, or Licensor may require Licensee to purchase unpatented raw materials from Licensor, or licensor has no intention of protecting infringements caused by others. When dealing with matters related to intellectual property rights, all relevant documents, such as the full text of the patent, should be inspected and checked for validity and suitability for the required technology. In terms of effectiveness inspection, enterprises can not rely entirely on licensors, have independent opinions and make the best use of other information resources.