In the era of knowledge economy, patent, as one of the core intellectual property rights, can help enterprises to maintain long-term competitive advantages and obtain stable excess profits. Patents focus on quality rather than quantity. Analyzing advanced technology and patentability is the premise and key to obtain high-quality patents, so as to carry out patent mining and layout in a targeted manner and occupy the technical commanding heights of the industry in the future.
When conducting technology research and development and commercial merger and acquisition, enterprises usually conduct market research from the commercial aspects such as cost, performance and market, but often ignore the advanced and patentability of relevant technologies at the legal level, which will not only miss the opportunity to obtain patent monopoly protection, but also face various infringement legal risks. By judging the advanced nature and patentability of technology from the perspective of patent law, enterprises can know themselves and their rivals, which can not only point out the right development direction for enterprises, avoid unnecessary human and material input, and effectively avoid the legal risk of infringing others' patents, but also lay a solid foundation for establishing effective patents for themselves.
The analysis of technological advancement and patentability is mainly realized through the retrieval and analysis of "patent information", which includes the technical content of patent, the scope of patent right, the ownership of patent right, the legal status of patent and so on.
(1) We can understand the overall development trend and current development level of relevant technologies, as well as which subjects master advanced technologies, so as to know ourselves and the enemy;
(2) On the basis of existing technologies, we can develop our own technologies in a targeted way, find out the focal points for technological breakthroughs, and occupy the commanding heights in some fields;
(3) patent infringement can be avoided by bypassing the scope of patent protection of others or cross-licensing with other patentees;
(4) In the future patent application, it can effectively improve the writing accuracy of patent documents and reduce the risk of invalidation of patents in the future.
For the unpatented technology, the patentability should be judged. For a patented technology, it is also necessary to judge its stability, because even after the patent has been granted, there is still the possibility of invalidation. If there is a patent application text, search the most relevant patent literature or even non-patent literature according to the technical features described in the patent claims. By comparing the technical scheme disclosed by the prior art with the target patent claims, the expected legal state of the target patent is analyzed and judged, so as to avoid making a basket of water without making a basket of water.
