Page 43 - SunTalk December 2020
P. 43

POLULAR SCIENCE









                                                                                                                                                                                          Is there a fast way to distinguish
                                                                                                                                                                                          different types of patents?
                                                                                                                                                                                          We often see the patent number (also known as patent
                                                                                                                                                                                          application number) in commercial advertisements. How can
                                                                                                                                                                                          we get a general idea of a patent by looking at the patent
                                                                                                                                                                                          number? The patent number is composed of "application
         Popular                                                                                                                                                                          year number + classification number + serial number +
                                                                                                                                                                                          spacer (.) + check code". Classification number 1 stands for
                                                                                                                                                                                          invention, 2 for utility model, and 3 for design.
         science                                                                                                                                                                             2018      发明    0166588 . 6
                                                                                                                                                                                                        1
                                                                                                                                                                                              2018年申请
         classroom                                                                                                                                                                           2019     实用新型   1231932 . 9
                                                                                                                                                                                                       2
                                                                                                                                                                                              2019年申请
                                                                                                                                                                                             2019      3     0529886 . 2
                                                                                                                                                                                              2019年申请  外观设计


                                                                                                                                        What is the difference between                    Some interesting questions
                                                                                                                                        the three types of patents?
         Patent Tips                                                                                                                   1ĎDifferent protected objects                      1) Are patents granted and protected all over the world?
                                                                                                                                                                                          A: No. The patent right has national boundaries. Only
                                                                                                                                       In patent law, there are the following definitions:
                                                                                                                                                                                          protection of that country.
                                                                                                                                       An “invention” is defined as a new technical solution for a   patents filed in a designated country enjoy the legal
                                                                                                                                       product, a method or an improvement thereof. A “utility”   2) Who is the most famous patent examiner of the 20th
                                                                                                                                       model is a new technical solution for the shape, structure or   century?
                                                                                                                                       combination of a product that is suitable for practical use.   A: Albert Einstein. Einstein worked as a patent examiner in
                                                                                                                                       And “design” is defined as a new design for a product that is   Switzerland for seven years.
            What is a patent?                        Research Center                                                                   aesthetically pleasing and suitable for industrial application.
                                                     Yan Tingting
            A patent is the granting of an intellectual property right by a                                                            2ĎDifferent Examination and Approval of Patent     Wuxi Suntech takes scientific
                                                                                                                                       Applications
            sovereign authority to an inventor. It refers to the inventor or                                                           For the invention patent application, there are two steps: the   research seriously and strengthens
            assignee’s right of possession, use, disposal and profit                                                                   preliminary examination and substantive examination.   patent protection
            according to the patent law.                                                                                               In the substantive examination, the patent examiner will   Suntech attaches importance to the role of patents in
                                                                                                                                       check the existing technical literature and patent technology   enterprise management. It has an intellectual property
                                                                                                                                       in the world, and examine whether the patent application   management department and full-time management
            What are the characteristics                                                                                               has novelty and creativity. The property rights of an   personnel. Suntech patents cover photovoltaic cells,
            of a patent?                                                                                                               invention that has passed the substantive examination are   photovoltaic modules, photovoltaic application systems,
                                                                                                                                       relatively stable, which is the reason why invention patents   photovoltaic production equipment, and other fields. As of
            Patents are characterized by exclusivity, publicity,                                                                       are more valuable.                                 September 2020, Suntech has applied for a total of 887
            territoriality, and temporality. A patent needs to fully disclose                                                                                                             patents and got 548 authorized patents. The number of
            its technical features or design in order to clearly define the                                                            Utility model and design patents do not have a substantive   patents applied and authorized is at the leading level in the
            scope of protection, i.e. to exchange disclosure for                                                                       examination process. If no reason for rejection is found   domestic photovoltaic industry, and a number of patents
            protection at a specific time and in a specific area.                                                                      during the preliminary examination, then the patent right will   have won the honorary titles of China Patent Excellence
            Therefore, a patent is a powerful weapon to dominate the                                                                   be granted. Therefore, these two types of patents are more   Award, Jiangsu Patent Gold Award, and Wuxi Patent Gold
            existing market and seize a potential one.                                                                                 easily authorized, but the patent rights are unstable and   Award.
                                                                                                                                       often invalidated.
                                                                                                                                       3ĎDifferent protection terms
            What types of patents does                                                                                                 The term of protection for invention patents is 20 years, and
            China have?                                                                                                                that for utility model and design patents is 10 years, which
                                                                                                                                       shall be calculated from the date of patent application.
            Different countries have different types of patents. In China,
            the patent law defines 3 types of patents, namely the
            invention patent, utility patent and design patent.                                                                                 Protected object  Examination  Patent right
                                                                                                                                                                rules
                                                                                                                                                                        term
                                                                                                                                       Invention  Product , process  substantive  20 years
                                                                                                                                        patent                examination
                                                                                                                                        utility  Products with certain  preliminary
                                                                                                                                        patent  shape and structure  examination  10 years
                                                                                                                                        design  Decorative products suitable  preliminary  10 years
                                                                                                                                        patent  for industrial application  examination



    41                                                                                                                                                                                                                                   42
   38   39   40   41   42   43   44   45   46   47   48