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Should invention patent applications be disclosed in advance?
Release Time：
2023-05-05
A: Whether the invention patent application is disclosed in advance is not absolute, it depends on the industry progress in the field of technology, as well as the applicant's strategic layout needs and so on. In practical applications, applicants can make corresponding decisions based on the pros and cons of early disclosure, so first understand the benefits and risks of early disclosure.
Benefits of early disclosure:
1. Shorten the examination cycle of invention patent applications to obtain authorization as soon as possible.
2. Obtain temporary protection earlier to protect the interests of the applicant as soon as possible. After the grant of a patent, the unit or individual implementing the invention may be required to pay an appropriate use fee based on the provisions of Article 68 of the Patent Law.
3. Serve as a warning to competitors.
4. It becomes a comparative document for subsequent patent applications by competitors and can be used to judge novelty and creativity.
Issues and risks disclosed in advance:
1. Advance disclosure of R&D technology will allow competitors to understand the applicant's R&D progress earlier, thus improving the technology and damaging the applicant's interests.
2. By early publication, the technology enters the field of public knowledge technology, but without final authorization, the invention can neither be patented nor protected as a trade secret.
3. Obtaining authorization or rejection as early as possible may not be conducive to the applicant's layout of other related technology patents, increasing the difficulty of the overall layout.
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