『壹』 “专利”的英文是什么
“专利”的英文是patent。
专利(patent),从字面上是指专有的权利和利益。"专利"一词来源于拉丁语 patentes,意为公开的信件或公共文献,是中世纪的君主用来颁布某种特权的证明,后来指英国国王亲自签署的独占权利证书。
在现代,专利一般是由政府机关或者代表若干国家的区域性组织根据申请而颁发的一种文件,这种文件记载了发明创造的内容,并且在一定时期内产生这样一种法律状态,即获得专利的发明创造在一般情况下他人只有经专利权人许可才能予以实施。
在我国,专利分为发明、实用新型和外观设计三种类型。
(1)专利申请方面英语扩展阅读:
专利的法律含义:
专利是受法律规范保护的发明创造,它是指一项发明创造向国家审批机关提出专利申请,经依法审查合格后向专利申请人授予的在规定的时间内对该项发明创造享有的专有权。
专利权是一种专有权,这种权利具有独占的排他性。非专利权人要想使用他人的专利技术,必须依法征得专利权人的同意或许可。
一个国家依照其专利法授予的专利权,仅在该国法律的管辖的范围内有效,对其他国家没有任何约束力,外国对其专利权不承担保护的义务,如果一项发明创造只在我国取得专利权,那么专利权人只在我国享有独占权或专有权。
专利权的法律保护具有时间性,中国的发明专利权期限为二十年,实用新型专利权和外观设计专利权期限为十年,均自申请日起计算。
专利号一定是ZL开头
专利的两个最基本的特征就是"独占"与"公开",以"公开"换取"独占"是专利制度最基本的核心,这分别代表了权利与义务的两面。
"独占"是指法律授予技术发明人在一段时间内享有排他性的独占权利;"公开"是指技术发明人作为对法律授予其独占权的回报而将其技术公之于众人,使社会公众可以通过正常的渠道获得有关专利技术的信息。
『贰』 PCT专利申请提交语言必须是英文吗
PCT专利申请的提交语言必须是英文吗?《专利合作条约》(PCT)是一份拥有超过150个缔约国的国际条约,通过PCT提交一件国际专利申请,申请人可以同时在这些缔约国寻求对其发明的保护。那么,怎么提交PCT专利申请?PCT专利申请文件的提交必须是英文吗?PCT专利申请分为国际阶段和国家阶段。其中,申请的提出、国际检索和国际公布在国际阶段完成(如果申请人要求,国际阶段还包括初步审查程序)。是否授予专利权的工作在国家阶段由被指定/选定的各个国家局完成。那么,PCT专利申请可以使用哪些语言提交呢?申请人可以使用受理局接受的任何语言提交国际专利申请。如果提交申请所使用的语言不是进行国际检索的国际检索单位所接受的语言,申请人则需要提供申请译文以便进行国际检索。然而,各受理局都必须接受至少一种满足以下条件的语言所提交的申请:既是进行国际检索的国际检索单位所接受的语言(中文、英语、德语和日语,以及在某些情况下,法语、韩语、俄语和西班牙语),同时也是“公布语言”(即,用于公布国际专利申请的语言:阿拉伯语、中文、英语、法语、德语、日语、韩语、葡萄牙语、俄语和西班牙语)。因此,申请人总是可以选择以上至少一种语言提交国际专利申请,而不需要为 PCT 国际检索或公布目的提交译文。
『叁』 专利申请方面,哪里下载已经公布的PCT英文申请
http://www.wipo.int/ipdl/en/
『肆』 英语怎么说申请发明专利一项,实用新型专利一项
I had filed an invention model patent application and an utility model patent application.
『伍』 谁能帮我提供一下关于专利方面的英语论文啊!特别急的,谢谢!
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 付诸东流.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 理长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 自专 利权 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 "自专 利权 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 凸现 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.
『陆』 专利申请表的英语翻译模板
去欧专局随便下一篇外文专利就有格式模板了呗~~
『柒』 专利申请书用英语怎么说
patent application letter
『捌』 专利申请的三个阶段(实质审查,公开,授权)用英语分别怎么说
3 proceres of patent application: substantive examination, publication and grant