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INTELLECTUAL PROPERTY

  • What is Intellectual Property



    Intellectual Property
    Ownership interest by an individual or entity in creations of the human mind that may be protected under the law.
    Property rights are the basis of industrial property protection. They make it possible to enter new markets, to set oneself apart from competitors and, in the best case scenario, to establish monopolies over inventions, innovations and the technologies resulting from them for a finite period of time.

    Patent:
    Protection provided by the law for the inventions or discoveries of a person or entity or for the procedures developed by such person or entity.

    Patents provide protection for the inventors or developers of inventions or techniques that are new and useful and that are not obvious to the skilled in the art. Patents can affect “hard” technologies such as developed products and inventions, and can be applied to designs and methods in which products can be manufactured and put to use. In order to be eligible for patent protection, an idea or product must be something that does not already exist in that form and it must not be something that can be easily deduced from a currently available idea or design.
    Patents are property rights to protect technical inventions. An extensive worldwide system of rights enables you, as an inventor or patent applicant, to obtain patent protection for your invention across the world. Patent offices which are responsible for the filing of applications for and the examination of patents exist in almost all countries.

    Trademark:
    A distinctive word, phrase, logo or other graphic symbol that is used to distinguish one product, company or organization from anoth





  • How to Apply for Chinese Patent



    Patent Applicant:

    Pursuant to Article 18 of Chinese Patent Law, where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
     

    Appointment of Patent Agency:

    Pursuant to Article 19 of Chinese Patent Law, where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a legally incorporated patent agency to act as its or his agent.
     

    Patent Application Documents:

     (1) for invention, the request, the claims, the description, with accompanied drawings if appropriate, the abstract, and the drawing accompanying the abstract if appropriate;
     (2) for utility model, the request, the claims, the description, with accompanied drawings, the abstract, and the drawing accompanying the abstract; and
     (3) for design, the request, the pictures or photographs of the design, and brief explanation of the design.
     

    Applicable Language:

    Except for certificates or evidence materials provided by foreign government departments or created in foreign countries, the patent application documents and other documents shall be in Chinese. Appli




  • Competitive advantage: IP right



    The ancient Greeks already had patents for inventions. In his Deipnosophistae Athenaeus reported of monopolies for new recipes: “If one of the cooks were to invent his own new delicious recipe, then within the next year no one should be allowed to use this invention except the inventor himself. During this time he should make a profit from it, so that the others would make an effort and compete to exceed the invention.“ This principal still applies today: a temporary exclusive and prohibitive right as an economic incentive and reward for a new invention.

    Investments in research and development create innovations in order to be competitively successful nationally and internationally. However when creating technical innovations one must fear that these innovations will be copied by a third party thereby achieving a timely and economic advantage for them. Since successful products and ideas can in principle be copied by anybody if not prohibited by means of an IP right. For this reason, you should secure your investments and create a competitive advantage for yourself by protecting your inventions by IP rights.

    Different property rights are particularly suited to providing effective protection against imitations, depending on the type of invention or innovation. While technical inventions are usually protected by patents for invention or utility model, creative configurations are eligible for trademark and design protection, for example.

    To ensure that even complex products are given effective protection which keeps competitors at a distance over the long term, a combination of different property rights is often the correct strategy. We draw upon our extensive experience to develop and implement, together with our clients, the right strategy for protecting their inventions and innovations.

    As patent attorneys with technical or scientific background, we share your passio




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