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專利申請方面英語

發布時間:2021-05-12 21:46:56

『壹』 「專利」的英文是什麼

「專利」的英文是patent。

專利(patent),從字面上是指專有的權利和利益。"專利"一詞來源於拉丁語 patentes,意為公開的信件或公共文獻,是中世紀的君主用來頒布某種特權的證明,後來指英國國王親自簽署的獨占權利證書

在現代,專利一般是由政府機關或者代表若干國家的區域性組織根據申請而頒發的一種文件,這種文件記載了發明創造的內容,並且在一定時期內產生這樣一種法律狀態,即獲得專利的發明創造在一般情況下他人只有經專利權人許可才能予以實施。

在我國,專利分為發明、實用新型和外觀設計三種類型。

(1)專利申請方面英語擴展閱讀

專利的法律含義:

專利是受法律規范保護的發明創造,它是指一項發明創造向國家審批機關提出專利申請,經依法審查合格後向專利申請人授予的在規定的時間內對該項發明創造享有的專有權。

專利權是一種專有權,這種權利具有獨占的排他性。非專利權人要想使用他人的專利技術,必須依法徵得專利權人的同意或許可。

一個國家依照其專利法授予的專利權,僅在該國法律的管轄的范圍內有效,對其他國家沒有任何約束力,外國對其專利權不承擔保護的義務,如果一項發明創造只在我國取得專利權,那麼專利權人只在我國享有獨占權或專有權。

專利權的法律保護具有時間性,中國的發明專利權期限為二十年,實用新型專利權和外觀設計專利權期限為十年,均自申請日起計算。

專利號一定是ZL開頭

專利的兩個最基本的特徵就是"獨占"與"公開",以"公開"換取"獨占"是專利制度最基本的核心,這分別代表了權利與義務的兩面。

"獨占"是指法律授予技術發明人在一段時間內享有排他性的獨占權利;"公開"是指技術發明人作為對法律授予其獨占權的回報而將其技術公之於眾人,使社會公眾可以通過正常的渠道獲得有關專利技術的信息。

『貳』 PCT專利申請提交語言必須是英文嗎

PCT專利申請的提交語言必須是英文嗎?《專利合作條約》(PCT)是一份擁有超過150個締約國的國際條約,通過PCT提交一件國際專利申請,申請人可以同時在這些締約國尋求對其發明的保護。那麼,怎麼提交PCT專利申請?PCT專利申請文件的提交必須是英文嗎?PCT專利申請分為國際階段和國家階段。其中,申請的提出、國際檢索和國際公布在國際階段完成(如果申請人要求,國際階段還包括初步審查程序)。是否授予專利權的工作在國家階段由被指定/選定的各個國家局完成。那麼,PCT專利申請可以使用哪些語言提交呢?申請人可以使用受理局接受的任何語言提交國際專利申請。如果提交申請所使用的語言不是進行國際檢索的國際檢索單位所接受的語言,申請人則需要提供申請譯文以便進行國際檢索。然而,各受理局都必須接受至少一種滿足以下條件的語言所提交的申請:既是進行國際檢索的國際檢索單位所接受的語言(中文、英語、德語和日語,以及在某些情況下,法語、韓語、俄語和西班牙語),同時也是「公布語言」(即,用於公布國際專利申請的語言:阿拉伯語、中文、英語、法語、德語、日語、韓語、葡萄牙語、俄語和西班牙語)。因此,申請人總是可以選擇以上至少一種語言提交國際專利申請,而不需要為 PCT 國際檢索或公布目的提交譯文。

『叄』 專利申請方面,哪裡下載已經公布的PCT英文申請

http://www.wipo.int/ipdl/en/

『肆』 英語怎麼說申請發明專利一項,實用新型專利一項

I had filed an invention model patent application and an utility model patent application.

『伍』 誰能幫我提供一下關於專利方面的英語論文啊!特別急的,謝謝!

The patent law is take the patent as the core law, but the patent isthe patent person "the private power" (1), on the one hand says fromthis, the patent law is as if take the patent person personally as thestandard law. However, the patent method nature just the opposite, thepatent law is the social standard law. Clearly recognizes this point,regarding the patent method legislation, the law enforcement as wellas the patent suitably exercises all has the significant instructionsignificance.

First, the patent is the law entrusts with a patent person's item "theprivilege", is to "the natural right" denial

From essentially says, any right all is the law entrusts with.But, the law entrusts with the right the way and the degree or has thedifference. Has some rights usually not to need the special law, thespecial procere confirmed, the people when talk about this kind ofright, does not need to investigate as if is which legal rule, has"the talent human rights" so-called meaning, we might as well call it"the natural right". But another kind of right then is different, ifhas not concerned this right the special law, the special procereconfirmation, this right cannot exist, we called this kind of right is"the privilege", the intellectual property rights are such we "theprivilege". Looked from the intellectual property rights historicalorigin that, truly is the source to the tunnel privilege, just likehas the scholar penetrating elaboration: "The intellectual propertyrights origin by no means from any kind of civil right, also originsby no means from any kind of property rights. It origins from thefeudal privileges." The patent took the intellectual property rightsone kind, is especially prominent in this point performance. Theintellectual property rights scholar mentioned the early embryonicform condition patent, all is in fact the feudal 君主 gracious giftgives some person in some profession monopoly proction, the monopolybenefit privilege. For instance, in 1236 English king Henry three thawarded a Pohl city resident manufactured 色布 the technical 15years exclusive right; In 1331 English king Edward three th onceawarded John Kemp to dye the cloth technology the privilege (3), andso on. The modern patent law although has the very big difference withthe early patent law, but, the modern patent method essence still wasthe country entrusts with some invention creation person by "theprivilege". In fact, if does not have the patent law, then does notmatter the patent. In does not have in the patent method situation,the inventor, the designer complete or the invention creation tooneself which obtains through other ways, also handles jointly withother rights which oneself obtains to be same, may legally exercise itto hold, the use, the income, the punishment right - certainlymonopolizes the power. Although this kind of right also is needs thelaw to perform to protect, but, has not suffered when the infrigementin the right, only is at one kind "the nature" the condition. But hasmonopolizes the nature the patent, purely is the state powerinvolvement result. This kind of involvement caused to be at "thenature" the condition invention creation power completely to changethe nature. If other rights obtain and enjoy are so-called talenthuman rights, the patent very are actually difficult to say is "thetalent"; Even on the contrary, patent monopolizing, destroyed thetalent human rights idea.

Because, the talent human rights explained does not pass this kind oftruth, why has no right in the after inventor or the applicant to usethe invention creation which obtains through own work. The law awardsthe patent person to monopolize the power, in fact has deprived theidentical invention creation other inventors and designer's right. Thepatent once is awarded, other inventors, suppose the work and thematerial price which the juice person similarly pays can 付諸東流.If. They implemented have been awarded the patent the inventioncreation, possibly faces the indictment which infringes upon theright, although this invention creation really is they puts in thework the proct. As one kind of balance, the patent law hadstipulated first uses the power before, but enjoyed first uses thepower the prerequisite is applies in the patent person to prepare forimplementation essential, to these majorities same invention creationinventor, the designer said, or was helpless. Therefore may say, thepatent is draws support from one kind which the state power forms "theprivilege", its proction was sacrifices few people's rights toreceive in exchange for social the benefit. But, patent systemsuperiority as well as therefore but brings to the society thebenefit, makes us to feel this kind of price is worth.

Second, the patent legislation objective point mainly is notprotecting the indivial right, but is striving for with themaintenance society benefit

The law awards the patent person to implement the patent themonopoly power, mainly is considers the society the goal, but is notthe main maintenance invention creation person's benefit. Throughawards the patent person to monopolize the power, mainly is achievedtwo goals, one encourage the invention creation, two is receives inexchange for the patent person to publicize its patent technology. Theencouragement invention creation, certainly stems from the social goalconsideration. In the science and technology is the first proctiveforces modern society, the invention creation is day by day remarkableto a national importance. As early as in 1985, the knowledge of theworld property right organization's statistical figure indicated that,the patented claim quantity occupies the world first ten countries,its economy level of development basically also in the front row.Then, whether doesn't use awards monopolizes the power the patentsystem to encourage the invention creation? Indeed, encourages theinvention creation the method also to have many kinds of, forinstance, material and spiritual reward, tax revenue preferentialbenefit and so on, but these methods all are unable with to award thepatent person to monopolize the power to compare. In the certainregion, the patent person with the aid of the legal help, monopolizesthe market, this kind of encouragement can cause the patent person'sinvention creation to realize the biggest benefit, is the patentperson most hoped obtains. Therefore, the patent system is now thesociety encourages the invention creation the most effective system.

But the public invention creation, is the significance isextraordinary to the social technology progress, it makes othertechnical personnel promptly to understand technical the newesttendency, seeks the inspiration, was equal to obtained entered the newarea of technology the springboard or the shortcut, impelled thetechnical rapid development. Moreover, also has saved the massivephysical resources, the intelligence resources, itself is the impetuswhich progresses to the society. Because of this, the variouscountries' patent law generally the public invention creation degreeall proposed to the patent applicant in the application document theexplicit request, basically must be able to realize take therespective area of technology general technical personnel as.

Obviously, the public invention creation more direct manifested thepatent law to base on the social benefit characteristic. Although wemay say, any legal ultimate goal all is the maintenance manifests thenational interest and the social benefit, but, the patent law is doesnot need in this question performance from the ultimate significanceto say, the patent method direct goal is the social benefit, may say,the patent system existence purely is for the social benefit but withthe aid of the state power to is at "the natural state" the inventioncreation person's right compulsory adjustment proct.

Third, patent method society standard characteristic in patent lawconcrete standard manifesting

Patent method many stipulations, all is makes based on thepatent law society standard characteristic. Has is the patent whichquite is typical forces the licensing system. Supposition some personhas one 有形物, for instance said the house, this house if is atthe idle condition, the other people hoped rents by the reasonablecondition cannot be under the permission, looks for some department,some department then said, he does not use to you not good, we send toyou force the permit, you directly go! This simply is the gangsterlogic. However, regarding took the non visible property the patent,actually exactly is such. For instance, our country patent law 51ststipulation that, "Has the implementation condition unit by thereasonable condition to request the invention or the practical newpatent person permitted implements its patent, but has not been ablein gathers 理長in the time to obtain this kind of permission, thepatent office acts according to this unit the application, may giveimplements this invention patent or the practical new patent forcesthe permission." In general civil law basic invalid matter, has beenactually logical in the patent law: Its major reason is, according tothe right ty consistent principle, the country awards the patentperson to monopolize the power, the patent person's corresponding tybesides the public patent, but also includes the implementationpatent. In fact, the implementation patent mainly is a patent person'sright, the patent person generally can positively implement ownpatent, realizes the invention creation value. But, some patentsperson considered from own benefit that, the possible maliciouscontrol patent, for instance, to some technology, own to implementneeds to renew the equipment, needs to invest, but the originaltechnology still was allowed to realize the very high market share, inthis kind of situation, through the application or the purchasepatent, was allowed to achieve oneself did not implement but alsoprevents the goal which the others implemented, thus controlled themarket. This kind of situation and the patent method objectiveobviously is, the patent law which disobeys has then taken thedifferent general legal precautionary measure. Similar also has thesubordinate patent with this to force the permission and so on otherto force to permit. Thus, forces the licensing system, distinctivelyhas manifested the patent method society standard characteristic.

Besides forces the licensing system, patented claim first applicationprinciple, priority system as well as patent stipulation and so ondate of expiry, also all has manifested the patent method societystandard characteristic. The related priority stipulation, theoriginal patent law already had stipulated in particular first appliesfor the principle, first the applicant according to the abovegenerally then obtains the patent. But if this application and theother people applied the patent was the identical subject, the dangerappears. Because this kind "other people" even if were applied for thesimilar patent in after, so long as were in the priority deadline,after the patent had to turn over to the applicant. Then, why thepatent law does have to stipulate like this? Because, identicalsubject two or two above invention creation if separately awards thedifferent main body by the patent, can create in the implementationrestrains or hamper each other, is disadvantageous to the patenttechnology prompt implementation and the promotion, but concentratedthe patent to on a main body body on is smoother much - this also isfor the social benefit. For the social benefit, the patent law did nothesitate with the priority system to come "the destruction" first toapply for the principle.

Fourth, the social benefit has been clear about the patent methodsociety standard characteristic with the personal interest balance,not only is helpful to us correctly understood the patent law, moreimportantly may instruct our patent legislation and the lawenforcement work, causes it even more rationalization.

Because the patent law is the social standard law, is to theindivial right limit, has a social benefit and the indivial rightbalanced question. Said to the patent law, if is completely emphasizedthe maintenance society benefit, should request the invention creationperson after to complete its invention creation, publicizesimmediately, freely uses immediately by the social public. But if isstresses the emphasis to maintain the personal interest, then may notrequest the public patent, the patent person after obtains theauthorization, also may completely independently decide whetherimplements the patent, including decided whether permitted the otherpeople implement the patent, not any limit. Obviously, these two isall disadvantageous to the encouragement invention creation,encourages the technology the progress, such patent law only can playthe opposite role; Therefore, must pay attention in the legislationmaintains the reasonable limit, must look for the accurate socialbenefit and the indivial right suitable balance point. This balancepoint is both can encourage the invention creation, and can promotethe social overall technology progress and the promotion.
Looked from the right angle that, the invention creation is after allthe inventor, the designer puts in the work the achievement,overemphasizes the social benefit, but also some infrigement humanrights suspicions on above force the stipulation which permitted tosay, our country patent law revised before in 1992 indicating is, theinvention and the practical new patent person 自專 利權 areawarded the date the full 3 years, the not warrant has notimplemented its patent, was allowed to give implements this patent toforce the permission. The surface present patent law in stipulatedwhen this kind of type forces the permission, certainly has notattached the patent person "the not warrant has not implemented itspatent" the prerequisite, on the contrary, after the revision patentlaw implementation regulation stipulated "自專 利權 is awarded thedate full three years, any unit may defer to the patent law 51ststipulation, requested the patent office gives forces to permit." Thismeant, so long as the patent is awarded the full three years, even ifpatent person have already implemented the patent, or alreadypermitted the other people have implemented the patent, has theimplementation condition unit, still was allowed to apply and toobtain forces to permit. Must say that, the patent person haspositively implemented the patent, was fulfills had taken the ultralimit the strong weak social benefit, could destroy the peopleinvention creation the enthusiasm, the vacillation patent systemfoundation. Perhaps this point, now displays is not very obvious,along with the people to the patent importance understandingenhancement, the application obtains the patent use permission thesituation to be able to be more and more many. If forces through theapplication to permit obtains the patent right of use the personachieved the certain quantity, the patent person's market share cansuffer the loss, this kind of loss under some situations, onlydepended on charges the permission expense is cannot make up.Excessively many permissions, can cause the patent the value rapidlyto exhaust. Thus, unreasonable forces the licensing system, the planlicensing system negative influence to be able day by day 凸現 themountain.

Fifth, enlarges our country patent system state intervention dynamics

Here said increases the intervention dynamics, certainly didnot mean the expanded society the benefit, reces indivial benefit,but is said based on the patent law society standard characteristic,must strengthen the national in patent system status and the function.The patent law manifests the benefit mainly is the national interest,this kind of benefit not only manifests between national and thepatent litigant's relations, moreover, because the patent law also hasthe very strong international characteristic, the patent law manifeststhe benefit on displays for between the country and the countrybenefit competition. Therefore, the country cannot like treatmentgeneral civil right such, so long as had the law, may wait thelitigant voluntarily to punish, after has the dispute to carry on thereferee again. The country must through the system, the organizedactivity, strive for the biggest national interest as far as possible.In recent years, western nation and so on America, date in abundancethrough its fruitful patent strategy, seized the international market,sought the biggest economic. Along with knowledge economy timeapproaching, this aspect competition can be more and more intense.Looked on our country at present situation that, the western nation inview of the Chinese giant potential market, applies for each kind ofpatent in abundance in our country, seizes the commanding point.Therefore, we must promptly adopt the corresponding strategy, strivesfor initiative, avoids aspect which everywhere is restrained, smoothsthe way for our country economy to the higher level development: Thisaspect work light depends on some enterprises or the scientificresearch unit is not good, must by the nationalorganization and the intervention. In particular, our countryenterprise is exploring transfers the system, still did not have thevery strong market competition consciousness and the ability, thenational positive involvement, appeared especially importantly. Hadclearly recognized the patent method society standard nature, thenational involvement should not , but should form thescale, forms the system, favor strengthens our country economy theinternational competition ability.

『陸』 專利申請表的英語翻譯模板

去歐專局隨便下一篇外文專利就有格式模板了唄~~

『柒』 專利申請書用英語怎麼說

patent application letter

『捌』 專利申請的三個階段(實質審查,公開,授權)用英語分別怎麼說

3 proceres of patent application: substantive examination, publication and grant

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