The development of the hottest patents

The development of patents

1 brief history of patents

"patent" is written as "patent" in English, It comes from the Latin "literae patterns", which means to release public new technologies for public reading and use. Its purpose is to promote the continuous emergence of such public new technologies, and give inventors a certain period of protection in the form of patents, allowing them to develop the market and earn benefits, but as soon as the protection period expires, the public can freely apply these invention technologies.

the Chinese word "patent" comes from Zuo Qiuming's book in the spring and Autumn period "Guoyu zhouyu": "a man's patent is still called theft; but Wang Xingzhi's return is rare.". What really has the meaning of modern "patent" is the "new chapter of asset management" written by Hong Rengan during the Taiping Heavenly Kingdom: "if you can build a vehicle like a foreign fire wheel, and can travel eight thousand miles a day, you can grant its patent and allow others to imitate it."

generally speaking, the patent refers to the technical scheme of the patent, and also refers to the patented invention and creation, patent certificate, invention patent specification, etc. The protection of patented technology is an internationally accepted management system that uses legal and economic means to promote technological progress. The basic content of this system is to grant patent rights to patented inventions after examination and approval according to the patent law, and make the contents of patented inventions public to facilitate the exchange of technical information and the paid transfer of technology. Some people say that the development of capitalism has two wings: the limited company system and the patent system. The patent system regards the patents obtained from invention and creation as personal intellectual property rights, and expressly stipulates in law that they enjoy exclusive rights and are protected

the patent system in the modern sense was founded in the West. After the independence of the United States in 1776, in order to protect invention and creation, paragraph 8 of Article 1 of the constitution published in 1787 stipulates that "in order to encourage the progress of science and civil technology, writers and inventors are given patent rights for limited years for their works and inventions". According to the constitution, the US Congress passed the patent law in 1790. The law first puts forward the examination principle of "novelty, creativity and practicality", adopts the complete examination system, and implements the invention first system (that is, the patent right is granted to the person who invented the first, although his application is later; China's patent law adopts the first application system, that is, the patent right is granted to the person who applied for the first), without utility model patents, objection procedures and compulsory licenses. The patents are valid for 14 years from the date of approval. After the implementation of the patent law, it has greatly promoted the economic development of the United States and produced more new inventions. At that time, Secretary of state Jefferson said, "I didn't expect that granting patents to new inventions would promote newer inventions." So far, the patent systems of western countries have been introduced one after another, but the contents of the base wood have adopted the basic spirit of the U.S. patent law, and a large number of new products such as tractor ploughs, combine harvesters, bulldozers, cars, aircraft, etc. have also been emerging. Even President Lincoln of the United States has submitted a patent application to the patent office to solve the stranding of the steamboat. The patent system promoted invention, and Western countries took the lead in adopting this system, which also explains the phenomenon that a large number of modern technological inventions originated from the West from another perspective

the Chinese patent law came into force on April 1st, 1985. The first amendment was made in 1992, which expanded the scope of patent protection and improved the level of protection, meeting the needs of deepening reform. The second amendment was made in 2000, involving half of the provisions of the patent law. The core of the amendment is to give full play to the role of the patent system and meet the requirements of the new situation of joining the WTO and protecting intellectual property rights. The revised Patent Law was officially implemented on July 1st, 2001, but China's imports from the United States have the problems of high transportation costs and energy security

2 current situation of patents

since the implementation of the patent law in China on April 1st, 1985, the number of patent applications has increased year by year, and by 2002 74 By the end of the month during the measurement process, the China Patent Office had accepted a total of 1502479 patent applications for invention, utility model and design at home and abroad. The first one took 15 years, and the second one is expected to take only 5 years. Among the current 1502479 patents, 124832 applications came from China, accounting for 82.9% of the total; The number of patents granted is 827325, accounting for 90.2% of the total in China

most domestic patent applications and authorized patents are utility model and design patents. It is worth noting that of the 433020 applications for invention patents, 52.1% were from abroad. The statistics of the proportion of invention patent applications from abroad in the new technology industry in the total invention applications in this technology field are as follows (according to the statistics at the end of April 2002): computer technology accounts for 70%, integrated circuits for 90%, mobile communications for 90%, and biotechnology for 87%

according to incomplete statistics, in the invention patent applications accepted by the China Patent Office in 2001, the applications of domestic and foreign enterprises were 14774 and 31866 respectively, accounting for 49.3% and 95.8% of the total applications at home and abroad. Among the invention patents authorized in this year, the number of domestic and foreign enterprises was 2612 and 10457 respectively, accounting for 48.5% and 95.9% of the total authorized at home and abroad respectively, and the growth rates compared with 2000 were -7.5% and 68.1% respectively. In terms of construction machinery, the number of invention patent applications abroad also exceeds the number of invention patent applications in China

the above statistical data can show that most of the patent applications of domestic enterprises are utility model and design patents that are not subject to substantive examination. For invention patents, both the number of applications and the number of authorizations are more than that of enterprises, which is a problem worthy of discussion for China's national conditions dominated by the state-owned economy at present. On the contrary, in foreign countries, the number of applications and authorizations of enterprises accounts for an absolute majority. Through patent applications, they try to seize the technological fortress in China. This phenomenon of "patent enclosure" not only limits the research and development space of Chinese enterprises in new technologies, but also increases the cost of introducing new technologies in China, which is extremely detrimental to the market development of Chinese enterprises

in the construction machinery industry, except for a few large private enterprises, the number of patent applications of large state-owned enterprises is only a few a year. With this development, enterprises will face a more severe crisis of market competition. For example, in terms of impact roller patent application: several large domestic production enterprises have only a few utility model patents, and some enterprises do not even apply for patents. In recent years, a foreign company has applied for more than ten invention patents and utility model patents related to the technology of impact roller in China. The future market situation is obviously unfavorable to enterprises in difficulties

at present, the number of patents on hand in the world is about 40 million, with an annual increase of 1 million. Since the same patent may be authorized in all countries to prohibit accidental fires caused by small fires, the repetition amount is about half. When the patent expires, it becomes the public property of the society, and anyone can use it free of charge. At present, there are more than 220000 invalid patents in China. The main reasons for the invalidation are the non payment of annual patent fees and the expiration of the protection period. These patents may play a role in the technological development of enterprises. According to the statistics of the International Intellectual Property Organization (WIPO), less than 90% of the latest invention and creation information in the world is first reflected through patent documents. Using patent documents to develop new products can shorten the cycle by 60% and save money by 40%

3 tomorrow of patents

after joining the WTO, enterprises will face the global market, and their development should be based on the world. The Chinese government promises to give equal treatment to foreign nationals, and foreign markets also give equal treatment to Chinese enterprises. The arrival of the knowledge economy makes the role of patented technology in the market more and more important. Some people say that first-class enterprises sell patents, second-class enterprises sell technology, and third-class enterprises use the energizer industry to sell products. Although this statement is a bit exaggerated, it still emphasizes the future market prospect of invention and creation. Today's knowledge economy and information economy also do show that whoever has mastered high technology, who has patents, who has a market, who has profits. In the past three years, among the domestic invention patent applications in the field of information and communication technology, Japan ranks first with a total of 8488 applications, followed by the United States, South Korea and Germany, but the number of applications is also more than 1000. Samsung electric company of South Korea alone has applied for 1486 patents of related technologies in China. Over the years, foreign mobile communication technology products have occupied a large share in the Chinese market, which illustrates this problem. China's Haier and TCL companies have hundreds of patent applications every year. Enterprises have a good momentum of development at home and abroad, but the number of Chinese enterprises applying for patents abroad is very small. According to statistics at the end of 2000, there were only more than 2000 pieces. In recent years, there are only more than 300 pieces per year

in 2001, the United States Patent and Trademark Office (USPTO) approved 166000 authorized patents, of which 195 were in mainland China and 237 in Hong Kong SAR, an increase of 64% and 32% respectively over the previous year. In Japan, Sony, Hitachi and other companies applied for 4000 or 5000 patents abroad in a year. About 92% of patents in the United States are applied for abroad. Large foreign companies control China's future market through patent applications, and the United States has taken another step ahead in the market competition. On June 22nd, 2002, the U.S. patent and Trademark Office submitted a draft legislation to Congress aimed at increasing the cost of patent applications. It plans to revise the standard of patent fees in the autumn of 2002, increasing the cost of foreigners applying for patents in the United States by 51%. Generally, it costs tens of thousands of dollars for Chinese enterprises to apply for patents in the United States. The adjustment of U.S. patent application fees has increased the "patent barrier", making it more difficult for foreign technology to enter the U.S. market. This is obviously a practice of using patent policy to protect the future market. Recently, when talking about the role of the patent system, Rogan, the current director of the United States Patent and Trademark Office, said that "intellectual property law has become the 'international currency of the 21st century'.". This statement is reasonable. Whoever has a perfect patent system can promote and protect invention and creation, who has innovative technology, and who has a market. Of course, he will get rich profits in the increasingly globalized market tomorrow

in the number of international patent applications counted by the International Patent Cooperation Treaty Organization (PCT), 75% of the applications come from the five most developed countries, while developing countries, which account for 75% of the world's population, account for only 3% of the total number of international applications. If these applications are approved by relevant countries in the next few years, the future market will obviously belong to these developed countries

at present, domestic enterprises generally lack products with independent intellectual property rights, so their market competitiveness is not strong. Chinese enterprises should learn from foreign enterprises how to apply patented technology to develop themselves. It is a mountain stone that can be used to attack jade. Development today