论文部分内容阅读
最近一家南方企业正高兴地无偿运用失效专利技术改造自己产品时,有人状告他们的行为是侵权。这家企业通过学习知识产权法律,才明白有的失效专利同样也存在侵犯他人专利权的可能性。目前全国专利项目中因时间过期而失效的专利约21万件,其中不少是受产品超前、行为垄断等因素影响的优秀专利技术。对一些技术含量较高,具有开发应用价值的失效专利,若重新启用肯定会产生一定的社会经济效益。但由于失效专利的技术水平、成熟程度参差不齐,同时也存在着法律问题。因此,人们在使用失效专利时,要掌握好法律武器,精选巧用,避免盲目性。专家指出几项值得注意的问题:1.一些后申请的实用新型专利技术,往往会由于与先申请的专利内容相同而被撤销或宣告无效。人
Recently, a southern enterprise was pleased to use invalid patented technology to transform its products. Someone sued them for infringing their behavior. By learning the laws of intellectual property, this enterprise realized that some invalid patents also have the possibility of infringing the patent rights of others. At present, about 210,000 patents have expired due to the expiration of the period in the national patent projects. Many of them are excellent patented technologies that are influenced by such factors as product advancement and behavior monopoly. For some high-tech, with the development and application of invalid patents, if re-enabled will certainly have some socio-economic benefits. However, due to the technical level of invalidated patents, the degree of maturity is uneven, and there are also legal problems. Therefore, when using invalidated patents, people have to master the legal weapons, choose and use them wisely, and avoid blindness. Experts point out several notable issues: 1. Some of the patented utility model patents applied later are often revoked or invalidated due to the same patent as the first application. people