The patent application for invention is disclosed in advance

In real life, the invention of the party concerned is often applied for a patent in accordance with the provisions. After the patent application, the disclosure can be chosen. What are the advantages and disadvantages of the disclosure of the invention patent in advance?

The disclosure of invention patent application in advance is a double-edged sword, which has both advantages and disadvantages.

1、 Advantages of early disclosure of invention patent application

1. It can shorten the examination time of invention patent application. If it is not disclosed in advance, it can enter the actual trial procedure only after 18 months of automatic disclosure. If it is disclosed in advance, it can enter the actual trial procedure in advance;

2. The invention patent can enter the temporary protection period earlier. Article 13 of the Patent Law stipulates that after the publication of an application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee, which is the entry into the temporary protection period.

3. It can destroy the patent authorization of competitors. After the patent application is disclosed in advance, it can make the technical solution recorded as soon as possible become common knowledge, so as to evaluate the creativity of subsequent applications, thus reducing the licensing probability of competitors' patents.

4. It is conducive to the promotion and application of new technologies.

2、 Disadvantages of disclosure of invention patent application in advance

1. It will have an adverse impact on subsequent improved patent applications. Early disclosure will constitute some existing technologies of later improved patent applications, which will affect the creativity of later improved patent applications.

2. It can no longer be regarded as a technical secret. An application for a patent that has not been disclosed in advance may be withdrawn and retained as a technical secret before it is disclosed, and if it is withdrawn after it is disclosed in advance, the technical solution recorded in the patent application enters the public domain and can no longer be regarded as a technical secret.

3. You may not be able to apply abroad. If the patent application fails to go through the formalities for entering the foreign country due to some special reasons within the legal time, it is impossible to apply for entering the foreign country because the disclosure in advance has become the prior art.

The above is a detailed introduction to the relevant knowledge about the advantages and disadvantages of the early disclosure of the invention patent. After the early disclosure, the content of the patent application will lose the possibility of being retained as a technical secret.