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[Patent] What is patent preemption

The word "patent" comes from the Latin Litterae patentes, meaning open letters or public documents, which were used by medieval monarchs to certify certain privileges, and later referred to a certificate of exclusive rights signed by the King of England. Patents are the largest source of technical information in the world. According to empirical statistical analysis, patents contain 90%-95% of the world's scientific and technological information.

patent A protected exclusive interest held by the originator of an invention.

Detailed explanation: (The ancient Chinese interpretation is 1,2,3)

1. Seek personal gain. "Zuo Zhuan · Ai Gong 16 years" : "If the patent to the royal family, regardless of the state of Chu, there will be death can not."

2, monopolize a certain production or circulation in order to extract large profits. Han Huan Kuan "On retro" : "The ancient mountain Daze not to seal, for the world's patent also." "The History of the Ming Dynasty · Zhang Siwei Biography" : "Gao Yongchun looked at the salt river east, said that the salt law is bad, by the situation to run amok, big business patent."

3. Focus and sensitivity. Northern Qi Yan Zhitui "Yan family training · Encouraging learning" : "Life is young, spiritual patent, after growing up, thinking loose, solid early education, do not lose the opportunity also."

(4) Creator's rights: The protected exclusive rights of the originator of an invention. In countries with a patent protection system, patent laws are generally in place.


Literally, "patent" refers to exclusive interests and rights.

LOGO of State Intellectual Property Office

Patent analysis overview:

Such huge information resources are far from being fully utilized by people. In fact, for organizations, patents are the only place where competitors have to disclose certain critical information to the public that would not be disclosed elsewhere. Therefore, the analyst of enterprise competitive intelligence, through careful, rigorous, comprehensive and relevant analysis, can get a lot of useful information from the patent literature, and make the open patent data for the enterprise to use, so as to realize its unique economic value.

What is patent preemption

The preemptive right refers to an invention-creation that, before the patentee files a patent application, if another inventor is already manufacturing the same product or using the same method, or has made the necessary preparations for manufacturing or use, the law allows it to continue to manufacture or use the invention-creation within the original scope without being restricted by the exclusive right of the patentee. The premise of the application of the preemptive right is that two or more inventors or units independently completed the same invention, one of them has obtained the patent right, and the other has not obtained the patent right because of no application or late application, the condition of enjoying the priority is that the other inventor has manufactured the same product or used the same method before the application date of the applicant. Or the necessary preparations have been made for manufacture or use, and such use does not constitute public use. The implementation of priority is intended to protect the minimum interests of inventors who do not have a patent right in the same invention.