CN109410095A - A kind of patent law enforcement investigation and evidence collection device, system and method - Google Patents
A kind of patent law enforcement investigation and evidence collection device, system and method Download PDFInfo
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Abstract
The present invention relates to a kind of patent law enforcement investigation and evidence collection devices, system and method, and investigation and evidence collection device, identity data center, industrial and commercial data center, patent data center, examination & approval terminal are established a connection with management server respectively；Certificate identification module is called to obtain the identity or business license information for being accused of patent infringement party；Sound acquisition module is called to obtain the speech electronic data evidence for being accused of patent infringement；Image capture module is called to obtain the image information for being accused of patent infringement product；The acquisition of patent consulting module is called to be accused of by the patent document information of patent infringement；Characteristic extracting module is called to extract the technical characteristic being accused of in the patent document by patent infringement；Call image contrast module that the patent accompanying drawing being accused of in the product image and patent document of patent infringement is compared display.The present invention can specification patent law enforcement behavior, improve patent law enforcement efficiency, the legal effective right for the people that guarantees the right of patent is conducive to the implementation of the intellectual property system in China.
Description
Technical field
The present invention relates to a kind of patent law enforcement investigation and evidence collection devices, system and method, are related to patent Law Enforcement Technology.
Background technique
Patent infringement refers to without prior licensing from the patentee, for the purpose of production and operation, implements in accordance with the law shielded effective
The illegal activities of patent.The important document for constituting infringement of patent right includes two aspects: form condition and material condition.Wherein, shape
Formula important document mainly has: 1) being an effective Chinese patent involved in implementation behavior；2) implementation behavior must be without patent
Weigh people license or authorization；3) implementation behavior must be for the purpose of production and operation.In recent years, in State Intellectual Property Office
Under guidance, coordination, national intellectual property office system constantly reinforces law-enforcing ranks' construction, carries out Administration of patent law enforcement cooperation comprehensively,
Administration of patent law enforcement special campaigns and daily law enforcement are actively carried out, persistently deepens right-safeguarding assistance and report and complaint, has done a large amount of richnesses
Fruitful work, achieves important achievement.
" Administration of patent law enforcement method " the 37th article of regulation, in patent infringement disputes treatment process, party is because of visitor
See reason cannot voluntarily collection part evidence, the department that patent work can be managed with written request investigates and collects evidence.Manage patent
The department of work according to circumstances decides whether to collect relevant testimony.In processing patent infringement disputes, investigate and prosecute Holiday culture row
It can according to need in the process, to manage the department of patent work and collect relevant testimony according to the authority of office；38th article of regulation
The department of management patent work, which collects evidence, can consult, replicate the relevant documents such as contract related with case, book；It askes
Ask party and witness；Scene inspection is carried out using the modes such as measuring, taking pictures, image.It is accused of invading prcosee patent,
The department of management patent work can require respondent to carry out on-the-spot demonstration.
Currently, lacking patent law enforcement targetedly technical solution, effectively electronic data card not can be carried out in enforcing law
According to acquisition, law enforcement behavior normalization is not good enough, and law enforcement efficiency is low.
Summary of the invention
The present invention in view of the deficienciess of the prior art, provide a kind of patent law enforcement investigation and evidence collection device, system and method,
It can be used in the investigation and evidence collection in patent enforcing law, specification patent law enforcement behavior improves patent law enforcement efficiency, guarantees the right of patent
The legal effective right of people, is conducive to the implementation of the intellectual property system in China.
The investigation and evidence collection device the technical scheme to solve the above technical problems is that a kind of patent is enforced the law, the tune
Look into apparatus for obtaining evidence include microprocessor, image capture module, patent consulting module, characteristic extracting module, image comparison module and
Certificate identification module；The microprocessor and described image acquisition module, patent consulting module, characteristic extracting module, image pair
It establishes a connection than module and certificate identification module, microprocessor is for the operation between patent law enforcement investigation and evidence collection apparatus module
Logic control；Described image acquisition module establishes a connection with the microprocessor, and image capture module is used for law enfrocement official
Obtain the image information for being accused of patent infringement product；The patent consulting module establishes a connection with the microprocessor, specially
Sharp enquiry module is obtained for law enfrocement official to be accused of by the patent document information of patent infringement；The characteristic extracting module with it is described
Microprocessor establishes a connection, and it is special that characteristic extracting module is used to extract the technology being accused of in the patent document by patent infringement
Sign；Described image contrast module establishes a connection with the microprocessor, and image comparison module will be for that will be accused of patent infringement
Product image and patent document in patent accompanying drawing compare display；The certificate identification module is built with the microprocessor
Vertical connection relationship, certificate identification module is for obtaining the identity for being accused of patent infringement party or business license information.
A kind of patent law enforcement investigation and evidence collection device as described above, the investigation and evidence collection device further includes sound collection mould
Block, the sound acquisition module establish a connection with the microprocessor, and sound acquisition module is accused of patent for acquisition and is invaded
The speech electronic data evidence of power, sound acquisition module model ISD1820.Sound acquisition module belongs to the prior art, passes through
Sound acquisition module can acquire the audio data in patent enforcing law.
A kind of patent law enforcement investigation and evidence collection device as described above, the investigation and evidence collection device further includes radio communication mold
Block, the wireless communication module establish a connection with the microprocessor, wireless communication module for investigate and collect evidence device into
Row remote data communication, wireless communication module use 3G module, 4G module, Wi-Fi module or bluetooth module.Wireless communication module
Belong to the prior art, can be produced using existing type in the market, 3G module such as Baoding Fei Ling embedded technology Co., Ltd
FIT-3G-MF210.
A kind of patent law enforcement investigation and evidence collection device as described above, the investigation and evidence collection device further includes document impression block
Block, the document print module establish a connection with the microprocessor, and document print module is for printing patent law enforcement method
Restrain document.Document print module can connect portable blue-tooth printer, belong to the prior art.
A kind of patent law enforcement investigation and evidence collection device as described above, the investigation and evidence collection device further includes display module, institute
It states display module to establish a connection with the microprocessor, display module carries out information for device of investigating and collecting evidence and shows.It is aobvious
Show that module can belong to the prior art using liquid crystal display.
A kind of patent law enforcement investigation and evidence collection device as described above, the investigation and evidence collection device further includes power module, institute
It states power module to establish a connection with the microprocessor, power module is used to provide power source for investigation and evidence collection device.
Power module can use lithium battery type.
It should be further noted that microprocessor of the present invention belongs to the prior art, model is such as used are as follows:
STM32F103VBT6。
The present invention also provides a kind of patent law enforcement investigation and evidence collection system, the investigation and evidence collection system uses above-mentioned device,
The investigation and evidence collection system further includes management server, identity data center, industrial and commercial data center, patent data center and examination & approval
Terminal；The management server establishes a connection with investigation and evidence collection device；The identity data center and the management service
Device establishes a connection, and identity data center is used to provide citizenship data information to investigation and evidence collection device；The industry and commerce number
It establishes a connection according to center and the management server, industrial and commercial data center is used to provide piracy Suspected in Carrying to investigation and evidence collection device
The business license information of unit；The patent data center establishes a connection with the management server, patent data center
For providing the patent document information for being accused of being encroached right to investigation and evidence collection device；The examination & approval terminal is built with the management server
Vertical connection relationship, examination & approval terminal are examined for legal documents of the staff to investigation apparatus for obtaining evidence transmission.
A kind of patent law enforcement investigation and evidence collection system as described above, the investigation and evidence collection device are held by patent law enfrocement official
Have, the examination & approval terminal is held by the approving person that enforces the law, and operation has Android on the investigation and evidence collection device and the examination & approval terminal
System and patent law enforcement investigation and evidence collection program, the examination & approval terminal further includes document approval module, and the document approval module is used
The patent law enforcement legal documents that patent law enfrocement official uploads are examined in law enforcement approving person.
The present invention also provides a kind of patent law enforcement investigation and evidence collection method, the investigation and evidence collection method is taken using above-mentioned investigation
Card device is realized by above-mentioned investigation and evidence collection system, in the investigation and evidence collection method, by management server and dress of investigating and collecting evidence
It sets and establishes a connection；Identity data center is established a connection with management server, by identity data center to investigation
Apparatus for obtaining evidence provides citizenship data information；Industrial and commercial data center is established a connection with management server, passes through industry and commerce
Data center provides the business license information of piracy Suspected in Carrying unit to investigation and evidence collection device；By patent data center and the management
Server establishes a connection, and provides the patent document for being accused of being encroached right to investigation and evidence collection device by patent data center and believes
Breath；Examination & approval terminal is established a connection with management server, by examination & approval terminal to the law text of investigation apparatus for obtaining evidence transmission
Book is examined.
In the investigation and evidence collection method, certificate identification module is called to obtain the identity or business for being accused of patent infringement party
License information；Sound acquisition module is called to obtain the speech electronic data evidence for being accused of patent infringement；Call image capture module
Obtain the image information for being accused of patent infringement product；It calls patent consulting module to obtain to be accused of being believed by the patent document of patent infringement
Breath；Characteristic extracting module is called to extract the technical characteristic being accused of in the patent document by patent infringement；Call image contrast module
The patent accompanying drawing being accused of in the product image and patent document of patent infringement is compared into display.
As the preferred embodiment of patent law enforcement investigation and evidence collection method, the investigation and evidence collection device is held by patent law enfrocement official
Have, the examination & approval terminal is held by the approving person that enforces the law, and operation has Android on the investigation and evidence collection device and the examination & approval terminal
System and patent are enforced the law investigation and evidence collection program, are uploaded to patent law enfrocement official using examination & approval terminal by document approval module special
Benefit law enforcement legal documents are examined.
The beneficial effects of the present invention are: investigation and evidence collection device is equipped with microprocessor, image capture module, patent consulting mould
Block, characteristic extracting module, image comparison module and certificate identification module；Microprocessor and image capture module, patent consulting mould
Block, characteristic extracting module, image comparison module and certificate identification module establish a connection, and system is equipped with management server, body
Part data center, industrial and commercial data center, patent data center and examination & approval terminal, identity data center are provided to investigation and evidence collection device
Citizenship data information, industrial and commercial data center provide the business license information of piracy Suspected in Carrying unit to investigation and evidence collection device；Specially
Sharp data center is used to provide the patent document information for being accused of being encroached right to investigation and evidence collection device.The present invention can specification patent hold
Judicial act, improves patent law enforcement efficiency, and the legal effective right for the people that guarantees the right of patent is conducive to the intellectual property system in China
Implementation.
Detailed description of the invention
Fig. 1 is patent law enforcement investigation and evidence collection structural schematic diagram；
Fig. 2 is patent law enforcement investigation and evidence collection system schematic；
Fig. 3 is patent law enforcement investigation and evidence collection method schematic diagram.
Specific embodiment
In order to make the foregoing objectives, features and advantages of the present invention clearer and more comprehensible, with reference to the accompanying drawing to the present invention
Specific embodiment be described in detail.Many details are explained in the following description in order to fully understand this hair
It is bright.But the invention can be embodied in many other ways as described herein, those skilled in the art can be not
Similar improvement is done in the case where violating intension of the present invention, therefore the present invention is not limited by the specific embodiments disclosed below.
Unless otherwise defined, all technical and scientific terms used herein and belong to technical field of the invention
The normally understood meaning of technical staff is identical.Term as used herein in the specification of the present invention is intended merely to description tool
The purpose of the embodiment of body, it is not intended that in the limitation present invention.Term as used herein "and/or" includes one or more
Any and all combinations of relevant listed item.
Well known, microprocessor includes following each unit: instruction providing unit, for providing multiple instruction, decoding unit,
For multiple instruction to be decoded respectively, instruction issues control unit, referring to the specified condition of conditional information is executed, determines
The set of the instruction or instruction that effectively operate is executed, executing conditional information is to specify to indicate whether to execute each finger in multiple instruction
The information of order, execution unit, according to the one or more operations of specified execution, it is specified refer to each instruction is specified in multiple instruction
Movement；It is with the following functions that instruction issues control unit: by referring to executing the specified condition of conditional information, judgement is that have must
The illegal command that the effective instruction to be executed is executed again without necessity passes through control for being judged as YES the instruction of illegal command
System is not so that the decoding result with decoding unit corresponding to the instruction is issued to execution unit, and to be somebody's turn to do with each instruction
The decoding result of decoding unit corresponding to subsequent effective instruction is instructed to issue to execution unit.
Well known, patent information inquiry system and querying method include server, client computer and data source, and client computer is to clothes
Business device sends patent consulting request, and corresponding patent document information is returned to client computer, further includes translation module, turn over by server
It translates module and is converted into returning again to after specific linguistic form to client by the patent document information that server returns to client computer
Machine.Patent consulting method includes step 1: client computer sends patent consulting request to server；Step 2: server is from database
It is middle to search corresponding patent document information；Step 3: the patent document information in previous step is converted into specifically by translation module
Linguistic form is returned again to client computer later.
It is well known, in Text character extraction, for the Feature Words Fi in feature dictionary, according to including Feature Words in sample database
Label possessed by the frequency of occurrence of the specific word Fi and sample comprising the specific word Fi, determines this feature in the sample of Fi
The mutual information between each label in word Fi and tag library；Destination document is segmented, is occurred in acquisition destination document
All Feature Words；Based on the mutual information between each Feature Words and each label in destination document, determine in destination document
All Feature Words in destination document are added the weight of each label by each Feature Words to the weight of the same label
Power, obtains all Feature Words in destination document to total weight of the same label；According to total weight of each label, from each
Text feature of the target labels as destination document is determined in label.It can also be mentioned using the text feature based on semantic analysis
Method is taken, text corpus is initialized, text is segmented and stop words is gone to handle, text lexical set goes out according to semantic relevancy
Polymerism is showed, has constructed lexical semantic network model figure, word is obtained according to different degree of the vocabulary in lexical semantic network model
Status and contribution degree of the remittance in entire text, set a suitable different degree threshold value, extract the feature vocabulary vector of text.
It is well known, the first image to be processed is obtained in image comparison method, the first image includes to contrast images and source
Image；It is default resolution ratio by the first image scaling, generates the second image, the second image, which is converted to, has default number of greyscale levels
Third image, calculate third image in all pixels average gray, compare the gray value of each pixel in third image
With the size of average gray, and by gray value be greater than or equal to average gray pixel gray value be normalized to first number
The gray value that gray value is less than the pixel of average gray is normalized to second value, generates the 4th image by value；It is waited for according to this
Gray value and corresponding 4th image of each source images in corresponding 4th image of contrast images after each pixel normalized
In gray value after each pixel normalized, whether determine should similar to each source images to contrast images.
It is well known, it include window feature definition and computing device in image processing effect comparing display system；Enable signal
And filling signal generator, it is connected with window feature definition and computing device；Signal processor；Window and processor map
Device is connected with enable signal and filling signal generator and signal processor；Demo mode derailing switch, with window and processor
Mapper is connected.Image processing effect compares in display methods, and window feature definition and computing device calculate image effect pair
Than display window with frame signal；Enable signal and filling signal generator generate enable signal；Signal processor is by original image
Signal carries out image procossing；Window and processor mapper are according to enable signal by original image signal and treated image
Signal is generated in image effect comparison display window mapping signal and frame signal；Demo mode derailing switch selection output original graph
As signal or treated picture signal.
Well known, in certificate recognition methods, the essential information of the identity-based certificate of storage input equipment input is basic to believe
Breath at least carries the first head image information；Identity document acquisition request is received, mark identical as identity document acquisition request carrying is transferred
Know the essential information of information, while the first head image information that the second head image information of acquisition is carried with the essential information transferred
And/or identity card picture is compared, the First Eigenvalue and the first head image information and/or identity card of the second head image information of acquisition
The similarity of the Second Eigenvalue of photo.In passport NO. positioning and identification process, positioned from the image comprising passport NO.
One or more row regions are divided the image into first with the floor projection value of image with identification passport NO.；Then sharp
With the ratio of width to height of the image in row region, the wide high the ratio of width to height feature of passport NO., removal is unlikely to be the row where passport NO.；It connects
Will likely each row region segmentation comprising passport NO. at one or a more dry column regions, using passport NO. digit and
Away from lesser feature, to orient the position of passport NO. on the image；Finally using identification engine to the area of passport NO.
Area image identify.
It is well known, in management server and management method, the logic of the multiple virtual networks constructed in a physical device
In topology, the logical topology of each virtual network is determined.With to including being constructed in multiple physical equipments connected to the network
The controller that the logic topology information of multiple virtual networks entirety of multiple virtual resources is managed, controller is based on conduct will
The branch point resource of multiple virtual networks virtual resource interconnected and the branch point for constituting each virtual network is explored virtual
The logic topology information of network entirety is extracted using branch point resource as a series of virtual resource of end, by a system of extraction
The virtual resource of column is determined as partial-topology.Server management system can also include and generating just for receiving operation requests
Beginning task, and the message conversion device that operating result is generated according to task action result and is fed back, for tearing initiating task open
It is divided into subtask, and subtask is distributed to the task diostribution device in task execution device, and is distributed for executing
Subtask, and task action result is back to the multiple tasks executive device of message conversion device.
Well known, data center systems and data center are provided in method of servicing, and client is to first network address conversion
Equipment sends first service request；First network address-translating device reads the rule of first service request, and according to the first clothes
The rule of business request carries out source address and destination address conversion to generate second service request, by the second clothes to first service request
Business requests one be transmitted in multiple second network address translation apparatus, wherein second service request is asked including first service
The true destination address asked；Second network address translation apparatus requests the second service from first network address-translating device
Source address and destination address conversion are carried out to generate third service request, third service request is forwarded to service by outer net
Device, wherein the destination address of third service request is the true destination address of first service request；And server reception comes from
The third service request of second network address translation apparatus generates corresponding third network response, and the response of third network is returned
It is back to the second network address translation apparatus.
Well known, in administration collaboration approval system and the measures and procedures for the examination and approval, approval system includes that navigation subsystem, claimant declare
Subsystem, examination & approval subsystem；Navigation subsystem includes policy destructing module, claimant's data obtaining module, navigation module, data
Library；Policy deconstructs module and needs the condition element, the method for handling that meet to extract into database examination and approval procedure in administrative policy；
Claimant's data obtaining module obtains the information of copending claimant；Information of the navigation module according to claimant, corresponding examination & approval
The condition element of item retrieved from database obtain it is corresponding handle method, be then shown to claimant；Claimant is by asking
It asks for help and declares the material that subsystem submits needs；Administrative department examines administrative procedure for examination and approval by examination & approval subsystem.The present invention mentions
Administrative collaboration approval system and the measures and procedures for the examination and approval out can be required according to the information and related administrative examination and approval of claimant, quickly for
The material that claimant provides specific operating process and needs to prepare.
It is well known, in approval system and the measures and procedures for the examination and approval, the computer controlled examination & approval device can be made to execute following
Process: the process controlled the communication between client terminal, the client terminal are received to the specific letter of file
Finger print information, file-specific information and the blot data for the seal that the paper of breath is affixed one's seal；It will be received by communication module
Finger print information compareed with registered finger print information in memory, to the consistent or inconsistent process confirmed；
If confirmed, finger print information is consistent, by the file-specific information and blot data that are received by communication module and in memory
In registered file-specific information and blot data compareed, if unanimously then believing registered trace in memory
Breath reflects to the process in the file data stored in document data bank；And it sends to client terminal for showing examination & approval feelings
The process that the examination & approval situation of condition shows data.
In the present embodiment establish a connection can by way of network interface, as optical fiber, 3G, 4G, 5G, WiFi,
RJ-45 interface, RJ-11 interface, SC optical fiber interface, fddi interface, AUI interface, bnc interface or Console interface etc..
The present embodiment, as shown in Figure 1, providing a kind of patent law enforcement investigation and evidence collection device, is adjusted based on above-mentioned well-known technique
Looking into apparatus for obtaining evidence includes microprocessor 1, image capture module 2, patent consulting module 3, characteristic extracting module 4, image comparison mould
Block 5 and certificate identification module 6；Microprocessor 1 and image capture module 2, patent consulting module 3, characteristic extracting module 4, image
Contrast module 5 and certificate identification module 6 establish a connection, and microprocessor 1 is between patent law enforcement investigation and evidence collection apparatus module
Arithmetic logic control；Image capture module 2 establishes a connection with microprocessor 1, and image capture module 2 is used for law enfrocement official
Obtain the image information for being accused of patent infringement product；Patent consulting module 3 establishes a connection with microprocessor 1, patent consulting
Module 3 is obtained for law enfrocement official to be accused of by the patent document information of patent infringement；Characteristic extracting module 4 is built with microprocessor 1
Vertical connection relationship, characteristic extracting module 4 is for extracting the technical characteristic being accused of in the patent document by patent infringement；Image comparison
Module 5 establishes a connection with microprocessor 1, and image comparison module 5 is used to be accused of the product image and patent of patent infringement
Patent accompanying drawing in file compares display；Certificate identification module 6 establishes a connection with microprocessor 1, and certificate identifies mould
Block 6 is for obtaining the identity for being accused of patent infringement party or business license information.Microprocessor 1 of the present invention belongs to existing
There is technology, such as uses model are as follows: STM32F103VBT6.
In one embodiment of patent law enforcement investigation and evidence collection device, investigation and evidence collection device further includes sound acquisition module 7, sound
Sound acquisition module 7 establishes a connection with microprocessor 1, and sound acquisition module 7 is used to obtain the voice for being accused of patent infringement electricity
Subdata evidence, 7 model ISD1820 of sound acquisition module.Sound acquisition module 7 belongs to the prior art, passes through sound collection
Module 7 can acquire the audio data in patent enforcing law.
In one embodiment of patent law enforcement investigation and evidence collection device, investigation and evidence collection device further includes wireless communication module 8, nothing
Line communication module 8 establishes a connection with microprocessor 1, and wireless communication module 8 carries out teledata for device of investigating and collecting evidence
Communication, wireless communication module 8 is using 3G module, 4G module, Wi-Fi module or bluetooth module.Wireless communication module 8 belongs to existing
Technology can produce FIT-3G- using existing type in the market, 3G module such as Baoding Fei Ling embedded technology Co., Ltd
MF210。
In one embodiment of patent law enforcement investigation and evidence collection device, investigation and evidence collection device further includes document print module 9, text
Book print module 9 establishes a connection with microprocessor 1, and document print module 9 is for printing patent law enforcement legal documents.Document
Print module 9 can connect portable blue-tooth printer, belong to the prior art.
In one embodiment of patent law enforcement investigation and evidence collection device, investigation and evidence collection device further includes display module 10, display
Module 10 establishes a connection with microprocessor 1, and display module 10 carries out information for device of investigating and collecting evidence and shows.Display module
10 can use liquid crystal display, belong to the prior art.
In one embodiment of patent law enforcement investigation and evidence collection device, investigation and evidence collection device further includes power module 11, power supply
Module 11 establishes a connection with microprocessor 1, and power module 11 is used to provide power source for investigation and evidence collection device.Power supply mould
Block 11 can use lithium battery type.
Referring to fig. 2, the present invention also provides a kind of patent law enforcement investigation and evidence collection system, investigation and evidence collection system uses above-mentioned dress
It sets, investigation and evidence collection system further includes management server 12, identity data center 13, industrial and commercial data center 14, patent data center
15 and examination & approval terminal 16；Management server 12 establishes a connection with investigation and evidence collection device；Identity data center 13 and management take
Business device 12 establishes a connection, and identity data center 13 is used to provide citizenship data information to investigation and evidence collection device；It is industrial and commercial
Data center 14 establishes a connection with management server 12, and industrial and commercial data center 14 is used to be accused of to the offer of investigation and evidence collection device
The business license information of infringing entity；Patent data center 15 establishes a connection with management server 12, patent data center
15 for providing the patent document information for being accused of being encroached right to investigation and evidence collection device；It examines terminal 16 and management server 12 is established
Connection relationship, examination & approval terminal 16 are examined for legal documents of the staff to investigation apparatus for obtaining evidence transmission.
In one embodiment of patent law enforcement investigation and evidence collection system, investigation and evidence collection device is held by patent law enfrocement official, examines
It criticizes terminal 16 to be held by the approving person that enforces the law, operation has Android system and patent to enforce the law on investigation and evidence collection device and examination & approval terminal 16
Investigation and evidence collection program, examination & approval terminal 16 further include document approval module 17, and document approval module 17 is for the approving person couple that enforces the law
The patent law enforcement legal documents that patent law enfrocement official uploads are examined.
Referring to Fig. 3, a kind of patent is enforced the law investigation and evidence collection method, in investigation and evidence collection method, by management server 12 and investigation
Apparatus for obtaining evidence establishes a connection；Identity data center 13 and management server 12 are established a connection, identity data is passed through
Center 13 provides citizenship data information to investigation and evidence collection device；Industrial and commercial data center 14 is established with management server 12 and is connected
Relationship is connect, provides the business license information of piracy Suspected in Carrying unit to investigation and evidence collection device by industrial and commercial data center 14；By patent
Data center 15 establishes a connection with management server 12, is accused of by patent data center 15 to the offer of investigation and evidence collection device
The patent document information encroached right；Examination & approval terminal 16 is established a connection with management server 12, it is right by examination & approval terminal 16
The legal documents of investigation and evidence collection device transmission are examined.The acquisition of certificate identification module 6 is called to be accused of patent infringement party's
Identity or business license information；Sound acquisition module 7 is called to obtain the speech electronic data evidence for being accused of patent infringement；Calling figure
As the image information of patent infringement product is accused of in the acquisition of acquisition module 2；The acquisition of patent consulting module 3 is called to be accused of by patent infringement
Patent document information；Characteristic extracting module 4 is called to extract the technical characteristic being accused of in the patent document by patent infringement；It calls
The patent accompanying drawing being accused of in the product image and patent document of patent infringement is compared display by image comparison module 5.
In one embodiment of patent law enforcement investigation and evidence collection method, investigation and evidence collection device is held by patent law enfrocement official, examines
It criticizes terminal 16 to be held by the approving person that enforces the law, operation has Android system and patent to enforce the law on investigation and evidence collection device and examination & approval terminal 16
Investigation and evidence collection program, the patent law enforcement law that patent law enfrocement official is uploaded by document approval module 17 using examination & approval terminal 16
Document is examined.
Investigation and evidence collection device of the present invention is equipped with microprocessor 1, image capture module 2, patent consulting module 3, feature extraction
Module 4, image comparison module 5 and certificate identification module 6；Microprocessor 1 and image capture module 2, patent consulting module 3, spy
Sign extraction module 4, image comparison module 5 and certificate identification module 6 establish a connection, and image capture module 2 is for the people that enforces the law
Member obtains the image information for being accused of patent infringement product, and patent consulting module 3 is obtained for law enfrocement official to be accused of by patent infringement
Patent document information, characteristic extracting module 4 is for extracting the technical characteristic being accused of in the patent document by patent infringement, image
Contrast module 5 is used to the patent accompanying drawing being accused of in the product image and patent document of patent infringement comparing display.This hair
Bright system is equipped with management server 12, identity data center 13, industrial and commercial data center 14, patent data center 15 and examination & approval terminal
16, identity data center 13 provides citizenship data information to investigation and evidence collection device, and industrial and commercial data center 14 is to investigation and evidence collection
The business license information of device offer piracy Suspected in Carrying unit；Patent data center 15 be used for investigation and evidence collection device offer be accused of by
The patent document information of infringement.The present invention can specification patent law enforcement behavior, improve patent law enforcement efficiency, guarantee the right of patent people's
Legal effective right, is conducive to the implementation of the intellectual property system in China.
Each technical characteristic of above embodiments can be combined arbitrarily, for simplicity of description, not to above-described embodiment
In each technical characteristic it is all possible combination be all described, as long as however, the combination of these technical characteristics be not present lance
Shield all should be considered as described in this specification.
Only several embodiments of the present invention are expressed for above embodiments, and the description thereof is more specific and detailed, but can not
Therefore it is construed as limiting the scope of the patent.It should be pointed out that for those of ordinary skill in the art,
Under the premise of not departing from present inventive concept, various modifications and improvements can be made, and these are all within the scope of protection of the present invention.
Therefore, the scope of protection of the patent of the invention shall be subject to the appended claims.
Claims (10)
- The investigation and evidence collection device 1. a kind of patent is enforced the law, it is characterised in that: the investigation and evidence collection device includes that microprocessor, image are adopted Collect module, patent consulting module, characteristic extracting module, image comparison module and certificate identification module；The microprocessor and institute It states image capture module, patent consulting module, characteristic extracting module, image comparison module and certificate identification module and establishes connection pass System, microprocessor is for the arithmetic logic control between patent law enforcement investigation and evidence collection apparatus module；Described image acquisition module and institute It states microprocessor to establish a connection, image capture module obtains the image letter for being accused of patent infringement product for law enfrocement official Breath；The patent consulting module establishes a connection with the microprocessor, and patent consulting module is obtained for law enfrocement official and related to Dislike by the patent document information of patent infringement；The characteristic extracting module establishes a connection with the microprocessor, and feature mentions Modulus block is for extracting the technical characteristic being accused of in the patent document by patent infringement；Described image contrast module and micro- place Reason device establishes a connection, and the patent that image comparison module is used to be accused of in the product image and patent document of patent infringement is attached Figure compares display；The certificate identification module establishes a connection with the microprocessor, and certificate identification module is for obtaining Take the identity for being accused of patent infringement party or business license information.
- The investigation and evidence collection device 2. a kind of patent according to claim 1 is enforced the law, it is characterised in that: the investigation and evidence collection device It further include sound acquisition module, the sound acquisition module establishes a connection with the microprocessor, and sound acquisition module is used It is accused of the speech electronic data evidence of patent infringement, sound acquisition module model ISD1820 in acquisition.
- The investigation and evidence collection device 3. a kind of patent according to claim 1 is enforced the law, it is characterised in that: the investigation and evidence collection device It further include wireless communication module, the wireless communication module establishes a connection with the microprocessor, and wireless communication module is used Remote data communication is carried out in investigation and evidence collection device, wireless communication module uses 3G module, 4G module, Wi-Fi module or bluetooth Module.
- The investigation and evidence collection device 4. a kind of patent according to claim 1 is enforced the law, it is characterised in that: the investigation and evidence collection device It further include document print module, the document print module establishes a connection with the microprocessor, and document print module is used In printing patent law enforcement legal documents.
- The investigation and evidence collection device 5. a kind of patent according to claim 1 is enforced the law, it is characterised in that: the investigation and evidence collection device It further include display module, the display module establishes a connection with the microprocessor, and display module is for dress of investigating and collecting evidence Progress information is set to show.
- The investigation and evidence collection device 6. a kind of patent according to claim 1 is enforced the law, it is characterised in that: the investigation and evidence collection device It further include power module, the power module establishes a connection with the microprocessor, and power module is used to investigate and collect evidence Device provides power source.
- The investigation and evidence collection system 7. a kind of patent is enforced the law, the investigation and evidence collection system are used as claimed in any one of claims 1 to 6 Investigation and evidence collection device, it is characterised in that: the investigation and evidence collection system further includes management server, identity data center, industrial and commercial number According to center, patent data center and examination & approval terminal；The management server establishes a connection with investigation and evidence collection device；The body Part data center establishes a connection with the management server, and identity data center is used to provide citizen to investigation and evidence collection device Identity data information；It is described industry and commerce data center establish a connection with the management server, industrial and commercial data center for The business license information of investigation and evidence collection device offer piracy Suspected in Carrying unit；The patent data center is built with the management server Vertical connection relationship, patent data center are used to provide the patent document information for being accused of being encroached right to investigation and evidence collection device；It is described to examine It criticizes terminal to establish a connection with the management server, examination & approval terminal is for staff to the method for investigation apparatus for obtaining evidence transmission Rule document is examined.
- The investigation and evidence collection system 8. a kind of patent according to claim 7 is enforced the law, it is characterised in that: the investigation and evidence collection device By patent, law enfrocement official holds, and the examination & approval terminal is held by the approving person that enforces the law, the investigation and evidence collection device and the examination & approval Operation has Android system and patent law enforcement investigation and evidence collection program in terminal, and the examination & approval terminal further includes document approval module, institute Document approval module is stated to examine the patent law enforcement legal documents that patent law enfrocement official uploads for enforcing the law approving person.
- A kind of investigation and evidence collection method 9. patent is enforced the law, the investigation and evidence collection method are used as claimed in any one of claims 1 to 6 Investigation and evidence collection device passes through the described in any item investigation and evidence collection systems of such as claim 7 to 8, it is characterised in that:In the investigation and evidence collection method, management server and investigation and evidence collection device are established a connection；By identity data center It establishes a connection with management server, provides citizenship data information to investigation and evidence collection device by identity data center； Industrial and commercial data center is established a connection with management server, is accused of by industrial and commercial data center to the offer of investigation and evidence collection device The business license information of infringing entity；Patent data center and the management server are established a connection, patent number is passed through The patent document information for being accused of being encroached right is provided according to center to investigation and evidence collection device；It will examination & approval terminal and management server foundation company Relationship is connect, is examined by legal documents of the examination & approval terminal to investigation apparatus for obtaining evidence transmission；In the investigation and evidence collection method, certificate identification module is called to obtain the identity or business license for being accused of patent infringement party Information；Sound acquisition module is called to obtain the speech electronic data evidence for being accused of patent infringement；Image capture module is called to obtain It is accused of the image information of patent infringement product；The acquisition of patent consulting module is called to be accused of by the patent document information of patent infringement； Characteristic extracting module is called to extract the technical characteristic being accused of in the patent document by patent infringement；Call image contrast module that will relate to The patent accompanying drawing in the product image and patent document of patent infringement is disliked to compare display.
- The investigation and evidence collection method 10. a kind of patent according to claim 9 is enforced the law, it is characterised in that: the investigation and evidence collection dress Set and held by patent law enfrocement official, the examination & approval terminal by enforce the law approving person hold, the investigation and evidence collection device and it is described examine Criticizing operation in terminal has Android system and patent law enforcement investigation and evidence collection program, using examination & approval terminal by document approval module to special The patent law enforcement legal documents that sharp law enfrocement official uploads are examined.
Applications Claiming Priority (2)
| Application Number | Priority Date | Filing Date | Title |
|---|---|---|---|
| CN201820071027 | 2018-01-16 | ||
| CN2018200710273 | 2018-01-16 |
Publications (1)
| Publication Number | Publication Date |
|---|---|
| CN109410095A true CN109410095A (en) | 2019-03-01 |
Family
ID=65467368
Family Applications (1)
| Application Number | Title | Priority Date | Filing Date |
|---|---|---|---|
| CN201811178054.1A Withdrawn CN109410095A (en) | 2018-01-16 | 2018-10-10 | A kind of patent law enforcement investigation and evidence collection device, system and method |
Country Status (1)
| Country | Link |
|---|---|
| CN (1) | CN109410095A (en) |
Cited By (2)
| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| CN110852921A (en) * | 2019-11-06 | 2020-02-28 | 江西誉付宝互联网科技有限公司 | Intellectual property right maintaining system |
| US11861528B1 (en) * | 2018-12-08 | 2024-01-02 | Perception Partners, Inc. | Infringement detection system |
-
2018
- 2018-10-10 CN CN201811178054.1A patent/CN109410095A/en not_active Withdrawn
Cited By (2)
| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| US11861528B1 (en) * | 2018-12-08 | 2024-01-02 | Perception Partners, Inc. | Infringement detection system |
| CN110852921A (en) * | 2019-11-06 | 2020-02-28 | 江西誉付宝互联网科技有限公司 | Intellectual property right maintaining system |
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| WW01 | Invention patent application withdrawn after publication |
Application publication date: 20190301 |
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