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（(1) proprietary : proprietary also called "exclusivity" the so-called proprietary refers to the patentee of its invention of monopoly enjoyed by the manufacture, use, the sale and import and export rights. That is to say, any other unit or individual without the permission of the patentee shall be conducted for the production, management purposes manufacture, use, marketing, sales and import and export promised its patented products, using its patented process, or without the permission of the patentee for the production, the purpose of operating the manufacture, use, sale, offer to sell, import and export in accordance with the method of direct access to its products.Otherwise, the patent infringement.

(2) Regional : According to the "Paris Convention" of the principle of independent patent, the patentee's geographical characteristics, it is a country in accordance with its domestic patent law granting of patent rights, only laws in the country within the jurisdiction of the Fan effective, other countries do not have any binding effect of its foreign patent protection does not assume the obligation its only an invention patent in China, the only franchise in our franchise or exclusive rights.If some people in other countries and regions in production, use or sale of the invention, do not fall violations.

(3) The timing : The so-called timing. refer to the patentee of its inventions in all have the exclusive right under the law only in the law requires the effective time, after the expiration of patents on inventions were no longer entitled to manufacture, use, sale, promise sales and imports in exclusive.Thus, the original legally protect inventions became the community's public wealth, and no unit or individual can use.

(4) the franchise period : national patent laws have specific provisions, the inventor of the patent protection period from the date of the application in general terms ranging from 10-20 years; for practical designs and new franchise period, in most countries for 5-10 years China's existing patent law provisions of the patent. the application of a new patent designs and patent protection for the period from the date of 20, 10, 10.

（(5) The intangible : the franchise is invisible, many people often this characteristic of the franchise as its object of protection -- the protection of patent rights, In fact, the invisible nature of the franchise itself.

How many types of franchise?

(1) invention patents : products, methods or improved by the new technologies, can apply for patents;
(2) the application of a new patent : the shape of products, Construction, or its combination of practical suitable for the new technology program, they can apply for utility model patents;
(3) patent designs : the shape of products, design, or its combination of color and shape. the combination of pictorial made by the rich beauty and suitable for industrial application of the new design, they can apply for patent designs.

Patent application procedures and the duration of protection?
Application procedures for the duration of protection
Patents, including admissibility, the trial, publishing, and the trial is authorized five stage 20
Non-utility model patents for early disclosure and substantive review, only admissible, the trial and authorized three stages. 10年10
Designs patent without real and the earlier review, only admissible, the trial and authorized three stages. 10年10

What is the principle of prior art patents and inventions first principles?

When two or more units or individuals on the same invention patent applications were made, how it should handle?
Patent law is the patentee of its patented inventions to enjoy exclusive rights to basic principles. Therefore, an invention should only be awarded a franchise. 。In other words, if an invention given two more franchises, they are violating the patent exclusivity principle. In Japan this principle as "an invention of a patent principles," in the United States known as the "exclusion principle patent duplication." When the same content of the invention by the number of units or individuals to apply for a patent, only one of these units or individuals franchise, Who actually awarded the franchise? national patent laws have always been there are two principles.First, the principle of first invention. That is more than two applicants on the same invention patent applications, regardless of the first to file patent applications the first patent granted to the applicant to complete invention. Currently, only the United States and the Philippines adopted the principle of first invention. Second, the principle of first application. That is, two or more applicants on the same invention patent applications, regardless of who first completed the invention, the first patent granted patent, the applicant. Most countries in the world have adopted the principle of first application. My first application using the principle. Our unit or individual after completion of invention, it should be timely filing of patent applications, too late to apply there may be others to pre-empt the loss of patent applications and patent opportunities. However, the invention idea is not yet ripe, or the application documents are not yet ready to fully, we should not rush to file patent applications Otherwise in the approval process after problems arise, but will also affect the franchise made.

What is the patent literature?

Patent documents contain application has been found or confirmed, inventions, utility models and industrial designs the research, design, development and test results of the information and the protection of inventors, all patents and industrial designs and utility models registration certificate holder the right to the relevant information has been published and unpublished the paper (or summary) to the tributaries.

How to obtain the franchise?

The franchise was to be read in accordance with the law of patent applications and approval of the entire process. The patented invention, it must be invented to create the content in the right books and brochures or pictures Photos fully open, designated protection areas. Which is the open support of its rights exist only basis. Records invention content specification, the right book or pictures, photographs of patent applications is an important component of the document, when the patent administration by the State Council departments in accordance with the law after the announcement, as the patent literature.

The franchise?

(1) granted patents of inventions and utility models, should have the novelty, creativity and practicality.
A novelty, the application is not prior to the date of the same invention or utility model in the domestic and foreign publications have openly expressed, in public, or used in other ways for the public know, has not the same invention or utility model to others by the State Council, the patent administration departments as well as applications made in the application records after the patent application documents.
B, and creativity is the same prior to the date of application for existing technology than the invention has highlighted the substantive features and notable progress, the application of a new features and substantial progress.
C, practicality, was referring to the invention or utility model to the manufacture or use, and can have a positive effect.
(2) a franchise designs applications should be the same at home and abroad prior to the date of publication openly expressed openly or domestic use of the designs and not the same Approximate phase, and not with others, obtained earlier by the legitimate right of the conflict.

What circumstances can obtain a patent?

(1) scientific discoveries;
(2) Intelligence activities of the rules and methods;
(3) disease diagnosis and treatment methods;
(4) animal and plant varieties;
(5) using the nucleus transform the material was obtained.
The above paragraph (4) above the production method, in accordance with the provisions of the Patent Law franchise.

Patent Office rejected the patent application against the decision how to do?

Patent applications have been rejected, the applicant for the patent office to reject the application unconvinced by the decision. it rejected the receipt of the notification date of three months, the patent reexamination board to submit a written request for review. The applicant of the patent reexamination board of review against the decision, the receipt of the notification date within three months file lawsuits.
11, what is the review?
The so-called review, the patent applicant is the State Department rejected the patent administration departments against its patent applications, the Commission requested the patent reexamination of its patent application or patent inventions for a retrial.

What patents invalid?

Any unit or individual that the franchise granted inconsistent with the provisions of the patent law, the decision to announce the license at any time after the patent reexamination Committee declared invalid request. When the request was accepted, was declared void from the beginning of a franchise that does not exist.

13, how to define the number of patent applications?

An invention or utility model patent applications should be limited to an invention or utility model. A total belonging to the invention of the idea of the two above invention or utility model can be used as an application.
A design patent applications should be limited to a product used in a design. For the same categories and sets sale or use of the product over the two designs can be used as an application.

What is the inventor and non-service invention?

China's Patent Law put the invention and creation of the rights owner into service invention-creation and job-creating two types of inventions.
(1) the invention and creation of positions of two, the first is the implementation of this task is completed units invention; two major use of the unit is the material conditions of the completed invention. Duties invention patent rights belong to that unit; Upon approval of the application, the units of the patentee. Use of the material conditions of the units performed by the invention, unit and the inventor or designer of a contract, from the agreement. The implementation of the above tasks is flat :
A, in his or her own work; B, the performance of the delivery of the units contributing to the work of the task; C, redundancy, the retirement or reassignment within one year after the with its commitment to the original units of their own work or the tasks assigned to the invention.

(2) non-service invention-creation, patent rights belong to the inventor or designer.

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