CN  /  EN

imgboxbg

NEWS

移民美国后如何申请美国专利?

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-09-12 02:05
  • Views:

(Summary description)南京华讯报:申请了专利之后对你发明的东西起到一个保护作用,不会轻易被别人盗取。从事研发的人对于专利的意识很强,所以当他们移民美国后,他们对于发明创造的东西同样也会去申请专利,于是他们会问:移民美国后如何申请美国专利?  一、发明人、申请人(与发明人不是同一人时)、代理人以及其他涉及专利申请准备以及审查的人员与美国专利商标局(PTO)打交道时负有主动说明义务。这尤其体现在申请人签署的书面陈述中。该说

移民美国后如何申请美国专利?

(Summary description)南京华讯报:申请了专利之后对你发明的东西起到一个保护作用,不会轻易被别人盗取。从事研发的人对于专利的意识很强,所以当他们移民美国后,他们对于发明创造的东西同样也会去申请专利,于是他们会问:移民美国后如何申请美国专利?  一、发明人、申请人(与发明人不是同一人时)、代理人以及其他涉及专利申请准备以及审查的人员与美国专利商标局(PTO)打交道时负有主动说明义务。这尤其体现在申请人签署的书面陈述中。该说

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-09-12 02:05
  • Views:
Information

  南京华讯报:申请了专利之后对你发明的东西起到一个保护作用,不会轻易被别人盗取。从事研发的人对于专利的意识很强,所以当他们移民美国后,他们对于发明创造的东西同样也会去申请专利,于是他们会问:移民美国后如何申请美国专利?

  一、发明人、申请人(与发明人不是同一人时)、代理人以及其他涉及专利申请准备以及审查的人员与美国专利商标局(PTO)打交道时负有主动说明义务。这尤其体现在申请人签署的书面陈述中。该说明义务主要包括,告知PTO已知晓的现有技术或者其他申请人已经知晓并在专利审查过程中对审查员来说比较重要的事实。(例如,与提交给审查员的申请文件或意见陈述中的认定相左的测试数据)

  二、专利申请必须包含一份说明书和至少一个详细的实施例,以使得所属领域技术人员能够根据说明书记载的内容制造或者使用该发明,而无需进行大量的试验(当然,一些例行的试验是可以接受的)。当要求保护的是一种新物质时,揭示其使用方式显得非常重要。法院有时可能不恰当地限制一个优选实施例的保护范围,为避免这种风险,在申请中提到制作和使用本发明的替代方法对申请人会有所帮助。还有一种行之有效的方式,即将本发明首选和典型实施例的信息都包含在内,这样当专利局在审查过程中找到了申请人在提交申请时尚未发现的现有技术并且申请人必须通过进一步限定权利要求来规避该现有技术时,上述说明书中的实施例将是新权利要求的修改基础。

  三、许多客体在美国可以被授予专利权,但在其他一些国家可能就不行,例如植物、动物、医学治疗方法。与其他大多数国家不同的是,美国先前在考量发明是否具有可专利性时并未特别要求必须为技术方案。然而从最近法院判例中可看出,现已慢慢开始强调与自然物质以及抽象思想相比,自然产品与自然定律并没有特别之处,因此也是得不到专利法保护的。这使得遗传物质、宽泛构思的商业方法以及疾病的诊断方法此类发明较难得到专利法的保护,除非它们涉及使用一种特定的技术。近一步说,当申请保护的是一种新物质时,除非该新物质的用途是显而易见的,否则至少需要在说明书中揭示一种可靠的、详细的、实质性的用途。

  四、为获得授权,发明一定要具有新颖性,实用性和非显而易见性。这就意味着,在向专利局申请前,该发明没有在国内外出版物上公开发表、在国内外公开使用或者以其他方式为公众所知(对于要求优先权的专利申请,则指在优先权日之前)。但需要注意,美国新颖性宽限期长达一年,在申请日前一年内由发明人自己所做的公开不构成现有技术。

  五、填写正确的发明人非常重要。书面声明文件中的签名能够清楚的指明谁是发明人,如果存在多个发明人的,则属于共同发明人。强调一点,作为发明人需要在发明过程中作出实质性贡献。仅仅对发明的好坏提供一般性的意见或者根据其他发明启示作出的建议,并不视为实质性贡献。如果有两个或者两个以上的人作出了实质性创造性的贡献,他们应该作为共同发明人被署名在申请文件中。如果共同发明人之间没有任何约定,其共同享有专利的所有权,并且共有人可以单独实施或者许可他人实施该专利,而无需经过共有人同意。

  六、专利被授权前,美国专利商标局将会对权利要求进行新颖性、实用性及非显而易见性的审查。但是PTO的确权并不是永远可靠的。有时专利权授予后还存在被无效的风险。这种情况通常发生在专利权人实施其专利权时,第三人请求专利局对专利权进行再审时(此时专利局将根据要求复审人提供的现有技术抗辩重新审查其是否符合授权条件)。第三人也可以请求专利审判和上诉委员会对该专利进行再审并提交誓言证据,在最终决定作出前,作出宣誓的相关人需要通过询问审核,并进行双方听证。

  七、只要按规定缴纳费用,发明专利权的期限为二十年,自申请日起计算。

  八、通常专利申请自申请日(有优先权的指优先权日)起满18个月即行公布。专利申请文件的内容也会随之公开。当然也可将专利申请延迟至其授权时才被公开,此方式需要申请人证明与该专利相对应的国外专利申请不会在相关申请国未获授权时即被公开。

  九、美国专利申请中还可以提出临时申请案。需注意的是,临时申请案并不能要求另一申请的优先权。美国专利商标局并不会对临时申请案进行审查,并且自其申请日起12个月内如果没有提出“正式”申请,则临时申请过期。显而易见,临时申请案有其独有的优势,就像在上述第4点和第7点提到的那样,它可以为“正规”申请抢占一个优先权日,同时也能使得发明专利的保护期限推迟一年计算。但另一方面,延迟专利保护期限的同时,专利的授权日也可能被延迟。

  十、美国专利制度中给予小规模实体(small entities)专利费减半的优惠,对于微实体(micro-entity)减免幅度更是达到了75%。满足小规模实体资格的条件为申请人必须为独立发明人、非盈利组织或者少于500人的中小型企业,同时不能将其专利权许可、转让或者有义务许可、转让给其他不符合小规模实体条件的专利申请主体。

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
Previous page
1
2
136
底部
这是描述信息

2001, 20th Floor, Block B, Ascendas Building, No. 88 Jiangmiao Road, Jiangbei New District, Nanjing City, Jiangsu Province

Copyright ◎Nanjing Huaxun Intellectual Property Consultant Co., Ltd.

苏ICP备xxxxxx号-1     Powered by: www.300.cn

这是描述信息
这是描述信息
这是描述信息
这是描述信息
这是描述信息