Analysis of International Patents and Domestic Patents

 

      Many people find it difficult to understand the concepts of international patents and domestic patents. In fact, international patents and domestic patents are not as complicated as we think. Through the following introduction, you can understand what is an international patent and what is a domestic patent.

 

      First, we must first understand the "territoriality" of patents. The so-called territoriality is the spatial limitation of patent rights. It means that the patent right granted and protected by a country or a region is only valid within the scope of the country or region, and has no legal effect on other countries and regions, and its patent right is not recognized and protected. If the patentee wishes to enjoy the patent rights in other countries, then a separate patent application must be filed in accordance with the laws of the other countries. Unless otherwise stipulated by accession to international treaties and bilateral agreements, no country will recognize the patent rights granted by other countries or international intellectual property institutions.

 

       Second, we need to understand what an international patent is. International patents are divided into narrow and broad senses. An international patent in a narrow sense is usually understood as a "PCT international patent", which is a patent issued by an applicant to a contracting state in accordance with the prescribed procedures when an invention-creation obtains patent protection in a contracting state of the Patent Cooperation Treaty (referred to as PCT). Patent application filed by the competent authority. In a broad sense, international patents can be commonly understood as "foreign patents, there are more than 200 countries and regions in the world, and some international cooperation organizations, and the patent system of each country/region is different.

 

      Furthermore, we need to clarify the nationality of the patent applicant. For Chinese enterprises and individuals, "domestic patents" = "Chinese patents", "international patents" = "foreign patents". For US companies and US citizens, "domestic patents" = "US patents", "international patents" = "foreign patents" (including China).

 

       Finally, let's learn about domestic patents (Chinese patents). According to the "Patent Law of the People's Republic of China", the types of patents protected in China include three categories: inventions, utility models and designs.

 

       1. Inventions refer to new technical solutions proposed for products, methods or improvements thereof.

 

       2. Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of the product.

 

      3. Appearance design refers to a new design that is rich in aesthetics and suitable for industrial application, made of the shape, pattern or combination of the product and the combination of color, shape and pattern.

 

       To sum up, as a Chinese enterprise and a Chinese citizen, domestic patents naturally refer to Chinese patents. To apply for a Chinese patent, you need to submit a patent application to the State Intellectual Property Office of China. International patents refer to foreign patents. To apply for foreign patents, patent applications can be submitted through PCT or Paris Convention.