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Experience and experience of employees of enterprises participating in advanced seminars on intellectual property and patent utilization

Experience and experience of employees of enterprises participating in advanced seminars on intellectual property and patent utilization

  • Categories:Shunyang News
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  • Time of issue:2011-01-13
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First of all, here I am very grateful to all the teachers. Because of their selfless, clear, thorough and witty explanations, I have gained a deep understanding and experience of intellectual property rights from a rookie in intellectual property rights.   1. Correction of misunderstanding: ⒈ One-sided view that intellectual property rights are patent rights, copyrights, and trademark rights. Through studying, I learned that intellectual property rights include not only patent rights, copyrights, trademark rights, but also trade name rights, trade secret rights, etc. In terms of the company's specific operations, not only the patent rights, copyrights, and trademark rights related to the company must be protected, but the scope of protection also involves the rights of trade names and trade secrets. Especially the rights and interests of trade secrets. But today, when there are more and more competitors in the society and the technology update cycle is getting shorter and shorter, a little carelessness leads to the disclosure of trade secrets, which will inevitably cause major economic losses to the company. In view of the company's current situation, there is a basis and method for the confidentiality measures for core personnel, core personnel and ordinary employees that may be involved.  ⒉ erroneously believe that it is a good patent after expert identification, patent application and approval. For companies, judging the quality of a patented technology is not how high its technical content is. The only criterion for judging is whether it can produce economic benefits. To obtain a patent, you just have a tool or means. How to use and make good use of it, maximizing economic benefits or industrialization is a good patent.  ⒊ Deviations in the understanding of inventions and utility model patents. An invention refers to a new technical solution proposed for a product, method or its improvement; a utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of the product. Inventions are aimed at products, methods or technical solutions; utility models are aimed at products, technical solutions, not methods. My understanding is that as long as you have a good idea and a good method, you don’t need a physical object, you can apply for a patent for invention as long as you provide a new technical solution proposed by the method or its improvement; as long as you provide the product shape and structure that are suitable for practical use. New technical solutions can apply for utility model patents. This corrects the concept of understanding that the previous application for invention and utility model patents are subject to the actual product. Because patent ownership follows the basic principle of whoever applies first, who owns it, and time is money.  2. Guidance for the company's work involving intellectual property rights in the future: ⒈The company has conducted research and development feasibility analysis before developing each new project. The analysis content includes market analysis (user demand information, market prospect analysis), coordination and consistency of the research and development of each part of the project. In the future, there is a need to add a content before development, that is, to collect patent documents and information as much as possible: whether there are similar products that have been patented by others to avoid the company's large investment in new projects caused by infringement of other people's patent rights huge loss. If you must develop this project, you can evade the law based on the patent rights of others: make full use of the regionality and timeliness of the patent, make major improvements on the basis of this patent, and develop products with a higher level of technology than the original patent, etc. method.  ⒉After successfully developing each new project, if the company meets the requirements for patent application, it should apply for a patent in time; if it meets the requirements for copyright application, it should apply for copyright in time to protect the company's own interests. After the application is accepted, it is necessary to actively industrialize the newly developed project and actively market it.  ⒊When all the internal resources of the company cannot meet the requirements of new project development, it is necessary to commission or cooperate with other companies with similar project development experience or strong development capabilities. After the two parties initially sign the "Letter of Intent for Cooperation", the "Technology Development Contract" must be signed at a later date to protect the interests of both parties. The contents of the "Technology Development Contract" include: contracting party (entrusting party, developer), contract nature (entrusted development contract, cooperative development contract), signing time and place, project name, technical content, research and development plan, delegation, confidentiality Requirements, rights protection, risk assumption, ownership and sharing of rights and interests of technological achievements, achievement acceptance, related technical services, fees and payment methods, fee settlement methods, liability for breach of contract, contract modification, contract cancellation, dispute resolution methods, term interpretation, Supplementary agreement, contract entry into force, etc.  In this process, special attention should be paid to the confidentiality requirements, the ownership of technological achievements and the sharing of these two contents. Because ①the cooperation between the two parties will inevitably involve the business secrets of both parties. How to ensure that the company’s business secrets are not leaked must be specified in the contract; ②The two parties must agree on the right to apply for patents for the technological achievements produced by the contract when they entrust or cooperate in development Which side. Generally speaking, if it is not clearly stated, it belongs to the developer. Therefore, in order to protect the company's interests, it is necessary to clearly confirm. At the same time, it is necessary to clarify the rights and interests distribution issues related to the technical secret achievements produced by the contract: including the right to use, the ownership of the right to transfer, and the method of distribution of benefits from the use and transfer, etc., to avoid unnecessary disputes. After several weeks of study, I deeply understand that when my intellectual property rights (including trademarks, patents, copyrights/copyrights, etc.) are infringed, I must take up legal weapons (patent laws and other related laws) to protect my own interests; When it is possible to infringe on the intellectual property rights of others, it is necessary to understand the patent law, know how to use the patent law, and avoid infringement in a reasonable and legal manner. At the same time, I also hope to use the knowledge I have learned to awaken the awareness of intellectual property protection and rights protection of people around me.   Finally, thank you teachers again, for your hard work!

Qian Zhenyu

January 13, 2011

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