Intellectual property documentation and information - Essential vocabulary
Some standard content:
ICS 01. 140. 20
National Standard of the People's Republic of China
GB/T 21374—2008
Intellectual property documentation and information—Essential vocabulary2008-01-14Promulgated
General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of ChinaStandardization Administration of the People's Republic of China
2008-06-01Implementation
GB/T 21374—2008
1Scope
2Normative references
3Terms and definitions
3.1General terms
3.2Proprietary terms
3.3Trademark terms
3.． Copyright terminology..
References
Chinese index
English index
This standard is proposed by the State Intellectual Property Office.
This standard is under the jurisdiction of the State Intellectual Property Office. The drafting unit of this standard: State Intellectual Property Office. Foreword
GB/T21374—2008
Min. Han Xiaochun, Fang Ke
Main drafters of this standard: Gong Qiang, Zhang Zhengling, Cao Lingling, Li Zhao, Zhu Jin, Zhang Peng, Yang Hong, Tu I
GB/T21374—2008
With the development of intellectual property, the scope of intellectual property is constantly expanding, the number of related literature information is growing sharply, and the terminology of intellectual property literature information is also enriching and developing. However, due to the lack of standardization of basic terms in this field and the lack of uniformity in meaning, the accurate communication and use of intellectual property literature information are affected. In order to standardize the use of basic terms in the field of intellectual property, it is necessary to formulate relevant terminology standards and clarify their meanings.
The formulation and promotion of this standard will facilitate the understanding and use of intellectual property-related literature and information by the majority of intellectual property authors, and play a positive role in promoting the exchange, dissemination and use of intellectual property literature and information. 1 Scope
Basic vocabulary of intellectual property literature and information
This standard defines the terms frequently used in the field of intellectual property literature and information. This standard applies to the field of intellectual property literature and information. 2 Normative references
GB/T21374—2008
The clauses in the following documents become the clauses of this standard through reference in this standard. For dated referenced documents, all amendments (excluding errata) or revised versions thereof are not applicable to this standard. However, the parties to an agreement based on this standard are encouraged to study whether the latest versions of these documents can be used. For undated referenced documents, the latest versions shall apply to this standard. GB/T2659 Code for names of countries and regions in the world (GB/T2659-2000, eqV1SO3166-1:1997) (F13/T6159.1-2003 Microfilming Vocabulary Part 1: General terms (ISO6196-1:1993, M0D) GB/T6159.42003 Microfilming Vocabulary Part 4: Materials and packaging (ISO6196-4:1998, MOID) 3 Terms and definitions
This standard is arranged in the order from general terms to specialized terms in each field; the terms in each section are arranged according to the logical relationship and occurrence sequence of the concepts.
3.1- General terms
Intellectual property intellectual property In the fields of science and technology, literature and art, the exclusive rights that inventors and creators enjoy in accordance with the law over their creative work results include patents and trademarks, copyrights and related rights, integrated circuit layout designs, geographical indications, new plant varieties, trade secrets, traditional knowledge, genetic resources and folk literature and art, etc.
Industrial property industrial property
The components of intellectual property rights include inventions, utility models, designs, integrated circuit layout designs, trademarks, trade secrets and geographical indications, etc.
Application
The act of an organization or individual making a request to the relevant departments to obtain industrial property rights based on the approval or registration of the Patent Administration Department of the State Council, the Trademark Office of the State Council Administration for Industry and Commerce and other departments. 3. 1. 4
Applicant
The entity or individual who files the application
Filing date
The date on which the applicant submits the necessary application documents to the Patent Administration Department of the State Council, the Trademark Office of the State Council Administration for Industry and Commerce and other departments. 3.1.6
Expiry date
The date on which the legal protection period of intellectual property rights expires and the intellectual property rights are no longer protected. GB/T 21374—2008
Priority priority
The right enjoyed by an entity, individual or its successor or assignee who has formally filed an invention, utility model or design patent application or trademark registration application in a contracting party of the Paris Convention for the Protection of Industrial Property when filing an application for the same subject matter in another contracting party within the prescribed period, that is, the later application will be deemed to be an application filed before the earlier application. Note 1: According to my country's Patent Law, if an applicant files a patent application in China for the same subject matter within 11 months from the date of first filing a patent application for an invention or utility model in a foreign country, or within six months from the date of first filing a patent application for a design in a foreign country, he or she may enjoy priority in accordance with the agreement signed between that foreign country and China or the international treaty jointly participated in, or in accordance with the principle of mutual recognition; in addition, if a Chinese patent applicant files a patent application for the same subject matter with the Patent Administration Department of the State Council within 12 months from the date of first filing a patent application for an invention or utility model in China, he or she may enjoy priority.
Note 2: According to my country's Trademark Law, if an applicant for trademark registration files a registration application for the same trademark in China for the same goods within six months from the date of first filing a registration application for the trademark in a foreign country, he or she may enjoy priority in accordance with the agreement signed between that foreign country and China or the international treaty jointly participated in, or in accordance with the principle of mutual recognition of priority; in addition, if a trademark is first used on goods exhibited at an international exhibition hosted or recognized by China, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the goods. 3. 1. 8
Priority date
The filing date of the earlier application, for an application that enjoys priority. 3. 1. 9
Agent
A professional who, in the field of intellectual property, is entrusted by an applicant to handle matters related to patents, trademarks, etc. on behalf of the applicant within the scope of his authorization.
World Intellectual Property Organization A specialized agency of the United Nations that aims to promote global intellectual property protection through cooperation between countries and regions and, when appropriate, with other international organizations, ensure administrative cooperation between intellectual property alliances, and administer a number of international treaties in the field of intellectual property. 3. 1. 11
International BureauInternational Bureau
The Secretariat of the World Intellectual Property Organization has the functions specified in certain international treaties (such as the Patent Cooperation Treaty and the Madrid Agreement Concerning the International Registration of Marks), and is responsible for collecting and disseminating various information related to intellectual property protection. 3.1.12
Handbook on Industrial PropcrtyInformation and DocumentationDetailed information on standards, recommendations and guidelines for industrial property documentation and information, PCT minimum documentation, and related international patent classifications and various computer databases published by the World Intellectual Property Organization. 3.1.13
Bibliographic data
Various data in a comprehensive journal related to applications, registrations or grants that appears on the pages of patents, trademarks and other documents or in official gazettes. Note 1: Such data include document identification data, domestic application submission data, priority data, publication data, classification data and other data related to technical content.
Note 2: According to GB/T12451-2001, bibliographic data\in the field of book publishing refers to\an objective description of the identification characteristics of books\. The "bibliographic data\ mentioned in the explanation of "patent-related literature journals" in this standard refers to this meaning. 3.1.14
INID codes INID codes
Internationally recognized digital identification codes for bibliographic data related to intellectual property documents such as patents and trademarks developed by the World Intellectual Property Organization.
Note: INID (Internationally agreed Numbers fortheldenificationuf Date) codes are printed on the first page of industrial property documents or before the corresponding entry in the Imperial Gazette1.
Country codecountrycode
Country code
Universal code used to refer to countries, regions or international organizations, see GB/T 2659.
Publicationpublication
GB/T 21374—2008
The contents of industrial property applications are made available to the public on paper, microform, CD-ROM or the Internet, etc., within the period prescribed by law and in accordance with the statutory time and procedures.
Registration register
The State Council Patent Administration, the State Council Trademark Administration and other departments set up to record the legal status of intellectual property rights:
Search
Check and find books, materials, etc. In the field of intellectual property rights, it is the act of finding related prior art, conflicting applications or prior rights in order to determine the novelty and creativity of inventions, utility models or designs, or to determine whether a trademark meets the registration conditions. 3. 1. 19bzxZ.net
Examination
The act of the State Council Patent Administration, the State Council Industry and Commerce Administration and other departments to determine whether an application complies with relevant provisions based on relevant laws or international treaties.
Legal status
The territoriality, validity and status of intellectual property rights or intellectual property applications related to legal matters such as transfer and change. 3.1.21
Official gazette
Official publication published regularly by the State Council’s patent administration department, the State Council’s industrial and commercial administration department, the Trademark Office and other departments, mainly announcing information on intellectual property applications, their legal status and technical content related to inventions and creations. Note: The official gazette also includes annual reports reporting on amendments to the current intellectual property law, relevant statistical data, etc., such as the Patent Annual Report. China's official gazettes include the Patent Gazette, the Utility Model Patent Gazette, the Design Patent Gazette and the Trademark Gazette.3.1.22
Trade secret
Technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical and has been kept confidential by the right holder.
Geographical indicationGeographical indicationA mark indicating that a product comes from a certain region, and the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of the region.
Integrated circuit layout designThe three-dimensional configuration of two or more components and part or all of the interconnected circuits in an integrated circuit, at least one of which is an active component, or the three-dimensional configuration prepared for the manufacture of integrated circuits:3.1.25
Domain namedomain name
Hierarchical structured characters used to identify and locate computers on the Internet, corresponding to the Internet Protocol (IP) address of the computer.3
GB/T 21374—2008
Top-level domain name The name of the first suffix domain under the root node in the domain name system Note: The top-level domain name officially registered and operated by China at the Internet Network Information Center (InternetNIC) is CN. 3.2 Patent terminology
Patent patent
The technical solution or design protected by the patent right, including inventions, utility models and designs. Note: In certain cases, patent is also used to refer to patent documents or as an abbreviation of patent rights. 3.2.2
Patent right
Patent right
Exclusive right for a certain period of time granted by the patent administration department of the State Council upon application and under the premise of meeting certain legal conditions. 3. 2. 3
Inventions-creations In this field, it specifically refers to inventions, utility models and designs. 3. 2. 4
invention
A new technical solution proposed for a product, method or its improvement. 3.2.5
patent for invention A patent for a technical solution that is an invention.
!utility model
a new technical solution suitable for practical use proposed for the shape, structure or combination of a product. 3.2.7
design
A new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination of a product, or the combination of color, shape or pattern.
patentee
An entity or individual that has obtained a patent right granted by the patent administration department of the State Council or whose patent right has been transferred due to assignment, inheritance, etc. and confirmed by the patent administration department of the State Council. 3.2.9
inventor
A person who has made a creative contribution to the substantial features of an invention. 3.2.10
Patent application documentpatent application documentDocuments submitted by the applicant or his agent to obtain the grant of patent right. 3.2.11
Divisional applicationDivisional applicationAn application filed separately for a part of a patent application. Note: A divisional application may enjoy the same application rights or priority rights as the original application. 4
Prior artprior art
GB/T 21374—2008
Technology that has been published in domestic or foreign publications, used in public in China or known to the public in other forms before the date of examination of the patent application (or the priority right if there is a priority right).
Pending
The state in which the patent administration department of the State Council has not made a decision to reject or grant a patent application: and the application has not been withdrawn or deemed to be withdrawn.
Grant
The administrative act of the patent administration department of the State Council granting the patent right to the applicant after examining the patent application and finding no reason for rejection. 3.2.15
announcement
The act of announcing in the official gazette when the patent administration department of the State Council examines the patent application and finds no reason to reject it.
The title of the invention is the title of the patent application. 3.2.17
application numberapplication number
The number of the application file assigned by the patent administration department of the State Council when the application is reversed. 3.2.18
patent numberpatent number
The number assigned to the patent after the patent administration department of the State Council has examined and approved the patent application. 3.2.19
abstractabstract
A short text for the purpose of providing a summary of the content of the document. In the field of patents, it is a concise summary of the technical content disclosed in the patent document. Note: The abstract is only for providing technical information and does not consider other purposes. 3.2.20
claim(s)
Claims
The part of the patent application document in which the applicant claims the scope of protection of the patent right based on the description. 3.2.21
Description
The component of the patent application document, whose main function is to disclose all the technical information required for protection, including the name of the invention of the patent application, the technical field to which it belongs, the background technology, the content of the invention, drawings, embodiments, etc. 3.2.22
Drawing(s)
The drawings attached to the description in the patent application document are used to more clearly and objectively illustrate the technical features or technical schemes. 3.2.23
Embodiment
An example of a preferred specific implementation method of an invention or utility model in the specification 5
GB/T21374—2008
Patent search reportpatent search report The search results of the prior art, conflicting applications and other relevant technical documents provided by the patent administration department of the State Council. Patent search report: The content of the patent search report is the relevant literature citations used to judge the novelty and creativity of the invention or utility model for which protection is sought. 3.2.25
Patent familypatentfamily
A group of patent documents with the same or substantially the same content that have been filed, published or approved in different countries with common priority. Note: Each patent document in a patent family is called a patent family member, or patent family for short. 3.2.26
International patent applicationinternational patent applicationPCT international applicationPCT international applicationInternational applicationAccording to the requirements of the Patent Cooperation Treaty, international patent applications are divided into two forms: invention and utility model after entering the national phase. Applicants can choose freely according to the situation. 3.2.27
Record copy
The original text of the international patent application filed in accordance with the provisions of the Patent Cooperation Treaty and kept by the International Bureau of the World Intellectual Property Organization. Note: The record is regarded as the original of the international patent application. 3.2.28
Search copy
Copy of international patent application filed under the Patent Cooperation Treaty deposited by the International Searching Authority.3.2.29
National Officenationa!Office
The patent authority of a contracting party to the Patent Cooperation Treaty, or a regional patent organization to which at least one contracting party is a party and which fulfills the obligations of the treaty.
Receiving Office
The national office or regional patent organization that receives international patent applications.3.2.31
Designated Officedesignated Office
The national office or the national office representing the country designated by the applicant under Chapter I of the Patent Cooperation Treaty3.2.32
Elected Officeelected Office
The national office or the national office representing the country selected by the applicant under Chapter II of the Patent Cooperation Treaty.3.2.33
International Searching AuthorityInternational Searching Authority Authority is an institution designated by the International Bureau of the World Intellectual Property Organization in accordance with the provisions of the Patent Cooperation Treaty to search international patent applications and provide international search reports to the contracting parties of the Patent Cooperation Treaty. 3.2.34
International Preliminary Examining AuthorityInternational Preliminary Examining Authority
An institution designated by the International Bureau of the World Intellectual Property Organization to conduct international preliminary examinations of international patent applications and prepare international preliminary examination reports.
PCT minimum documentationPCT minimum documentalionPCT minimum documentation
GB/T 21374—2008
The collection of patent documents and non-patent documents that the national office must have in order to obtain the qualification of international search authority and that meet the requirements of the "Minimum Documents" in the "Implementation Rules for Patent Classification". 3.2.36
International Search ReportInternational Search ReportA list of comparative literature citations that may affect the patentability of the application content and a non-binding preliminary opinion on the patentability of the application content made by the international search authority designated by the International Bureau of the World Intellectual Property Organization on the international patent application, which is often published together with the international patent application.
International Preliminary Examination ReportAn international search authority designated by the International Bureau of the World Intellectual Property Organization makes a preliminary, non-binding opinion on whether the invention or creation claimed in the international patent application is novel, inventive and industrially applicable. 3.2.38
International Patent ClassificationInternational Patent ClassificationInternational Patent Classification
The international general patent classification system based on the Strasbourg Agreement on the International Patent Classification (1971) divides all technical fields related to patents into classes in the form of departments, major classes, minor classes, major classes and subclasses, and gives corresponding classification codes. Note: In order to better meet the needs of service users, the International Patent Classification has formed a dual-version system including the basic version and the advanced version, and implemented different revision procedures respectively to ensure the compatibility between the two versions. 3.2.39
Classification symbolclassification symbolInternational Patent Classification SymbolThe number obtained by classifying the technical fields to which the patent belongs according to the International Patent Classification. 3.2.40
Indexing codes
Indexing codesIndexing codes for technical subject information elements used in conjunction with classification codes in the International Patent Classification, which are used to indicate the appropriate classification position. Certain additional aspects that are useful for retrieval are not clearly included in the class name. Note 1: The classification position in the classification table is indicated by a note to indicate the classification position where the indexing code can be used. Note: The index code has the same format as the classification code, but usually uses a unique numbering system, and its numbering usually starts with 101/00. 3.2. 41
Patent documentpatent document
A general term for public documents and publications produced by the patent administration department of the State Council in the process of patent examination and approval. 3.2.42
Patent Gazette
A regular and continuous publication by the patent administration department of the State Council reporting the latest publication, announcement and authorization of patent applications, as well as its business activities and changes in bibliographic data.
See: Official Gazette (3.1.21)
Patent databasepatent database
Invention, utility model and design information integrated database, 7
GB/T21374—2008
Classified collection of patent documentsClassified collection of patent documents
Patent documents classified according to the international patent classification number to which each patent document belongs. 3.2.45
Indexes of patent documents are published by the patent administration department of the State Council. They contain a diary of important bibliographic data of patent documents and are intended to help users quickly obtain accurate patent document information.
Note: The most commonly used are annual, semi-annual and quarterly cumulative indexes. The main types of indexes are: document number index, classification number index and applicant name index arranged in alphabetical order.
Citation
Content cited in patent documents, patent search reports or other documents to provide reference information for related documents that may affect whether a certain invention or creation claimed for protection can be authorized. 3.2.47
kind of patent documentkind of patent documentkind of patent documents produced by the patent administration department of the State Council in accordance with relevant laws and regulations in the legal procedures for the publication or authorization announcement of invention, utility model and design applications. 3.2.48
codes for kinds of patent documentationcodes for kinds of patent documentation
Alphabetical codes or a combination of letters and numbers prescribed by the patent administration department of the State Council to mark different kinds of patent documents.
Microform
A general term for various carriers (usually photosensitive gelatin) containing microfilm images, [GB/T 6159.1—2003, definition 3.2] Note: In the field of intellectual property rights, it is one of the carriers of patent documents.There are two forms: microfilm and microfiche. The pages of the document can be reproduced by a special reader.
Microfiche
A rectangular sheet of microfilm with one or more microfilm images, usually arranged in a grid and with a header area at the top. [GB/T 6159.4—2003, definition 3.143.2.51
Microfilm
Microfilm in strip or roll form.
[GB/T 6159.42003, definition 3.10]
Non-patent literature Scientific and technological documents other than patent documents, including journals, books, conference proceedings, papers, technical reports, standards, company research disclosures and indexes, national records, abstracts, volumes, encyclopedias, etc. of secondary publications. 3.2.53
Journal of Patent Associated Literature A publication published regularly by the International Bureau of the World Intellectual Property Organization that provides a high-level summary of the eight items contained in the PCT minimum documentation.
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