Reborn I want everything

Chapter 29 Legal analysis related to the plot (work related does not affect the plot, does not affect the update)
This is not an update for today, it was only updated this afternoon.Here are some urgent explanations of the legal background for readers to understand the plot.

If you are not interested in the law, you can skip this article directly, without wasting time reading it, and it will not affect the plot.

但是如果您是2月12号以前就看到这里的书友，可能需要回去重新看一下第13章和第26、28章。因为前面的剧情我也为了防止歧义而重新微调过了。

In the past few days, I have also noticed that in Chapter 13, and yesterday's chapter "Someone really hit the gun", some book friends have ambiguity about the chapter on using the patent priority clause to make a game. After a closer look, what two book friends said made some sense.

It’s because I over-compressed the space when I wrote it earlier, and didn’t discuss it by situation, so I didn’t make it clear.I originally wanted to reduce the number of water characters, but I forgot to write it, leaving a little BUG
So take advantage of the fact that it’s still free, and you don’t need money anyway, post a work about it, and carefully analyze the legal design of the plot in the book.

The following is a legal analysis.

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First of all, according to the two paragraphs of Article 29 of my country's "Patent Law", "foreign priority" and "domestic priority" are respectively stipulated.

The right of foreign priority is for those who have already applied for it in a foreign country, and it will be done exactly the same in China within one year. If you apply according to the PCT treaty, you can enjoy the right of priority. There is no ambiguity in this, and the plot in the book is not involved, so it will not be expanded.

Just remember that foreign priority is not for inventors to improve and iterate, but just to solve the problem of "it is impossible for different countries to apply at the same time, and the applicant should be given time to operate", just keep this in mind.

The second paragraph of Article 29 is aimed at "national priority", which is also the key clause involved in the plot of the book.

Domestic priority is actually for moderate inventors to improve and iterate on their own, that is, if you invent something, if you fine-tune it and reapply within one year, you can claim the priority of the original application number, but you can only claim once, not the third time. Applying to ask for a second priority...that doesn't exist.

In this paragraph, the ambiguity of book lovers should only involve the above few sentences, and now I have also clarified.

I won’t go into details, because when it comes to the “Guidelines for Patent Examination”, there will be a long list of articles, and there should be no more ambiguity.

Then, the main problem caused by the compression and fuzzy processing in my previous chapters may be that some book clubs may misunderstand that "patent priority can be used to count the number of patents within a year".

In fact, this matter needs to be divided into two parts to explain: improving the number of patents is one kind of operation, and requesting patent priority is another kind of operation.These two operations will not be used at the same time, and which one to use depends on the situation.

And this "specific situation" mainly depends on "after the protagonist's first application, and before the second and third application, is there anyone trying to disrupt the situation?" This is a variable that determines the strategy fork.

It is equivalent to when I wrote a book earlier, if it was written as an "if-else" structure, it would be more rigorous.

In the case where no one has noticed the protagonist’s first application and no one has blocked it, the protagonist can of course not claim the right of priority, and directly apply for the second application as an independent patent, and do not put the priority right in the application documents. Please write it up.

If this method can pass the test, the protagonist will be able to obtain two patent authorizations, and then the number of swipes can be sold twice (although one of them is worthless, because the commercial value is covered by the latter, it only serves as a recharge The role of the company, so that the purchased company will disclose the company data in the future, "the number of patents + 1")
And for the case where someone has already noticed the protagonist's first application and tried to stop it.If the protagonist’s second application does not indicate the claim for priority before the application documents are submitted, then the protagonist’s second application is very likely to be rejected because of “no novelty”.

Therefore, at this time, the protagonist must state the request for priority when applying, so that the final result is: the time when the protagonist is blocked between the protagonist’s first and second applications, the novelty will be lost, but the protagonist’s first application will lose its novelty. One application will also be overwritten by the protagonist's own second application.

In other words, in the end, the protagonist can only get one patent in terms of quantity, which is the latest one. The old one is equivalent to "withdrawing half of the application and being overwritten by the new one".

The National Intellectual Property Administration is doing this to avoid repeated authorization, and encourages applicants to optimize as much as possible at one time and not to squeeze toothpaste.

So, to summarize:
No one cuts the barriers - make a fortune without mentioning priority, pretend to be brand new to apply - and finally get two patents, which is an ideal situation.

Some people stop - have to mention the priority - the priority is guaranteed, but there is only one patent.This is another situation.

These two situations cannot occur at the same time, so even in 2002, the "domestic priority" clause could not be used to increase the number of patents.It's just a protective clause "to prevent people who squeeze toothpaste from being jammed".

To put it more simply, when I squeeze toothpaste like Intel and Yellow Swordsman, if no one sees, I will secretly squeeze a little bit, and next time squeeze a little bit more, saying that this is two-stage toothpaste.

But if someone sees and stares at me while squeezing toothpaste, I can still have a law to protect me and justify, "My two toothpaste sections are actually a whole, and the second section is the organic composition of the first section, both of which are new. Squeezed out, absolutely no bacteria."

(The example is actually not very precise, but it is also for the sake of explaining the profound things in a simple way and for the understanding of book friends who do not study law. Professional law book friends should not take it seriously.)

I didn't discuss the situation separately at the beginning, because I was afraid that the length would be too long and everyone would be impatient to read it.At that time, the outline in my mind only intended for the protagonist to encounter one of the situations, and I didn’t plan to say more about the other situation, after all, it is not used in the book.

Unexpectedly, it was this way of writing "a little mention of things that are not needed" that attracted controversy.It may cause some layman book lovers to confuse the understanding of these two situations, thinking that they can "have both".

Then I temporarily adjusted the front and the follow-up outline today, so that the protagonist will encounter both situations in the next chapter, so that the situation can be sorted out clearly.

Finally, I would like to thank the book friend "Soul Chasing Knife" and others for their pointers.Sure enough, there are some things that the writer knows in his mind that he will not use them in the future, but the readers don't know, and it is easy to miss the front and back after too long, so let's write carefully.

In the future... it may lead to chapters involving lawsuits, and the length of legal analysis will be slightly longer. I will try to only do this in the free chapters, and reduce the legal plot after it is listed and charge money, and increase the technological plot at that time.

(End of this chapter)