1. Intellectual Property Law Unit Four

2. Patent Right Unit Four

3. The brief introduction of Patent Lesson eleven

4. Intellectual Property Law Unit Four: Patent Right Key points the conception of patent 1 the objects of patent right 2 the area of patent excluded 3

5. Intellectual Property Law Unit Four: Patent Right A. the concept of Patent  Patent is a English word, and it derives from letters patent, which in history was a document used by the English King to confer titles, official posts, different monopoly rights and other privileges on his subjects.  As a legal concept, patent may mean the certifying document conferring patent right, patent certificate ;it may also mean the right that the state confers on inventors, patent right. 垄断、独占 特权 授予

6. Intellectual Property Law Unit Four: Patent Right back

7. Intellectual Property Law Unit Four: Patent Right  Patent is monopoly right in an invention. The patent provides protection for the invention to the owner of the patent. Patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. 专有的

8. Intellectual Property Law Unit Four: Patent Right  Patent protection means that the invention cannot be commercially made,used,distribution, or sold without the patent owner’s consent. Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable invention. 商业上 同意 激励个体 认可创造性物质的 有销路的

9. Intellectual Property Law Unit Four: Patent Right  After receiving an application for a patent for invention, the patent administrative organ under the State Council, upon preliminary examination, finds the application to be in conformity with the requirements of this Law, it shall publish the application promptly after the expiration of eighteen months from the date of filing. 迅速地 期满

10. Intellectual Property Law Unit Four: Patent Right  Publicity of technique refers to the fact that the inventor, while he acquires patent right and is protected by law, has to pay an “equal value “-to publicize the technical contents of the law. The purposes of publicizing the technique is to promote the interchange of information, to avoid repeated research and to accelerate technical progress. In a word, the patent owners are obliged, in return for patent production,to publicly disclose information on their invention in order to enrich the total body of technical knowledge in the world. 公开 等值、对价 consideration 交流 促进 有责任的 必须的 丰富

11. Intellectual Property Law Unit Four: Patent Right B. the objects of patent right  Invention in the patent law means any new technical solution relating to a product, a process or improvement. According to the technical solution an invention involves and concrete problem it solves, inventions are classified as products inventions, process inventions, and improvement inventions. 改进 具体的 分类

12. Intellectual Property Law Unit Four: Patent Right  Utility model means any new technical solution relating to the shape,the structure, or their combination of a product, which is fit for practical use.  Utility models have a popular name of “small invention ” because of their relatively low creativeness. The scope of protection of a utility model in our country is limited to the invention in respect of the shape,the structure,or their combination of a product. 实用新型 实际的 相对地创造性

14. Intellectual Property Law Unit Four: Patent Right  Industrial designs are also known as designs of industrial products, which are new design of the shape, pattern and color of a product. In modern society it is not enough for an industrial product to have practical applicability; it should have a beautiful exterior shape and pattern to have a place in the increasingly fierce competition of commodities and to attract consumers. That is why,for a long time, many countries protect industrial designs as an intangible property. 模式 适用性 外部的 激烈的

15. Intellectual Property Law Unit Four: Patent Right back

16. Invention Industrial design Utility model Product (solid liquid gas ) method Product ( solid, and certain figure ) improvement Product appearance (planar or three-dimensional )

17. Intellectual Property Law Unit Four: Patent Right C. the area of patent excluded  No patent right shall be granted: (1) Scientific discoveries; (2) Rules and methods for mental activities; (3) Methods for the diagnosis or for the treatment of diseases; (4) Animal and plant varieties; 脑力的 诊断 种类，变种

18. Intellectual Property Law Unit Four: Patent Right  No patent right shall be granted: (5) Substances obtained by means of nuclear transformation. (6) The design of the pattern, color or combination of the two in plane printings that mainly has the function of marking. 核能的 转化、转换 平面 印花

19. Intellectual Property Law Unit Four: Patent Right  An invention-creation is the object protected by the patent law, but not every invention-creation can receive protection of the patent law. A survey of legislation of patent in different countries shows that no country provides patent right protection for all invention-creations without limitation. Generally, every country, while establishing laws to protect the patent right for inventions creations, makes limiting provisions as to the scope of protection for the patent right in consideration of its national conditions. 调查 限制