如何申请农药专利
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• The characteristics of a patent
• three-type patent in the patent law
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The definition of a patent
• In Latin : open literatures
• A short for the patent right, after being ratified, the inventor gets the right of patent in a certain period. • trebling means: a invention (技术角度) patent right (法律角度) patent documentation (文献角度)
A few of countries, including USA
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Programs of application for a pesticide patent
What is “pesticide patent ”? Programs of a pplication for a pesticide patent Preparations and skills
实用新型、外观 设计
初步审查
较长
较高
较短
较低
保护强度
保护期限
强
20年
9
弱
10年
Principle for a patent application
first-to-file principle
first-to-file principle
Baidu Nhomakorabea
• Mostly countries, including China
Gap in the field of pesticide patents
at home and abroad
Since 2000, the number of application pesticides patent in China has surmounted other countries. And we have the absolute advantage in botanical pesticides (植物源农 药 ) .but, be weak in technical material .
production.
The object of pesticide patents artefact patent 产品专利. Such as the new pesticide compounds, new pesticides compound preparation, a new pesticide compounds with known combination of pesticide compounds. Method Patent方法专利。 Such as Pesticide compounds,
7
three-type patent in the patent law
• inventive patents • Utility model patents • design patent
8
The difference between them
专利类型 比较 审查制度 审批流程 费 用 发明
实质审查制
novelty新颖性:According to the relevant patent law ,due to the opening of patent by the inventor himself, it can destroy the novelty of the patent. practical实用性: According to the relevant patent law ,during the period of your application ,you should offer experimental data to prove its effectiveness.
Thank you~
a patent
•Submitted to the Patent Office
Searching before a application
We should search informations before a application to ensure that Contents of the invention are new , preventing being rejected.
Programs of application for a pesticide patent
inventive patents: : acceptance 、 first reading 、 publication 、 Substantive examination and authorization, The two others: acceptance 、 first reading and authorization
Some strategy for patent application
• a good time to apply :thinking about your competitors and applying it in time after you have convincing experimental data .
Gap in the field of pesticide patents at home and abroad
In 1985-2008,the number of application pesticides patent in China is growing rapidly. In2008,it has exceeded 1800, more than nine times the filings in 1985.
Prolong the duration of the patent .(15-20,5-8,10)
Giving reward to inventors is clearly defined in laws.
What is “patent ”?
• The definition of a patent
(原因:审查力量不足,分重要 性倾斜)
农药专利申请的程序有哪些?
Through the agency :
•sign a confidentiality agreement. •Provide the technical data of pesticide products •Write an application information for
at home and abroad
Background knowledge of patents The development of domestic patent system What is “patent ”?
Principle for a patent application
The development of domestic patent system
6
The characteristics of a patent
• monopolistic :the rights of manufacture, use and sales belonging to inventor • regionalism • timeliness : be effective in a certaintime.
What is “pesticide patent ”?
The types of pesticide patents :we can apply for inventive patents, including pesticide compounds, pesticide intermediates, pesticide mixed agent, pesticide formulation, and utility model patents, such as equipment for pesticide
combination or manufacturing method, the use of the
pesticide products and pesticide product Using patent 用途专利。New uses of a known pesticrde
or the use of new pesticides
•take protection in all directions for your patent.
A、reticular application for your patent B、have a full use of your application information. C、apply for patent in foreign which your product is exported out . D、have a reasonable control of patent open time
It is late to establish patent system in China.
The first system was edited in 1984.
Three times changes : extended field: chemical compound、 foods、 beverages and condiments。
Preparations and skills
Searching before a application
To ensure novelty, inventiveness
and practical
Some strategy for patent
application
To ensure, inventiveness and practical
A brief introduction--An application for a patent for pesticides
background knowledge of patents
Programs of application for a pesticide patent
Gap in the field of pesticide patents