1. Exclusivity. Exclusivity, also known as exclusivity or exclusivity. The patentee enjoys exclusive or exclusive rights to the patent he owns, and no one may use it without his permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights). 2. timeliness. Timeliness means that the legal protection for patentees is not indefinite, but limited. Beyond this time limit, it will no longer be protected, and the patent right will immediately become the common wealth of mankind and anyone can use it. 3. regionality. Regionality means that any patent right can only be produced in a certain area and protected by law. This is another important legal feature different from tangible property. According to this feature, the patent right obtained according to the laws of a country is only protected by law in that country, but not in other countries, unless there is a bilateral patent (intellectual property) protection agreement between the two countries, or * * * participates in an international convention on patent protection (intellectual property).
Legal objectivity:
The regionality, timeliness and exclusiveness of patents determine that the legal protection of patent rights must meet certain conditions, including formal conditions and substantive conditions. The formal condition is: 1. A patent must be a valid patent. Some patent applicants think that after getting the patent application number, they get the patent right. In particular, some applicants for invention patents, after passing the preliminary examination and publishing, think that they have obtained the patent right. These are all caused by the lack of patent common sense. Obviously, a patent that is truly fully protected by law must be an invention that has been granted a patent right, and it must be within the validity period of the patent right, otherwise it cannot be fully protected by law. 2. The patent must be a patent in an effective field protected by the laws of a country or region. Because the patent right is geographically limited, only inventions that have been applied for and patented in a certain country are protected. For example, in China, only patents that have been patented in China are protected, and a foreign patent right is not protected by law in China. Of course, it is impossible to infringe foreign patent rights in China. Because some comrades in Chinese enterprises don't know the basic knowledge of patents, there have been cases when the other party asked for the payment of foreign patent royalties in the contract when introducing foreign technology, and we readily agreed. If the content of foreign patented technology wants to be protected in China, the patent applicant must apply for the same technology in China within the prescribed priority period and obtain the patent right in China. Its essential conditions are: what are the general principles of legal protection of patent rights? Article 59 of China's Patent Law stipulates the general principle of the scope of patent protection: "The scope of protection of the patent right of an invention or utility model shall be subject to the contents of its claim, and the claim may be explained by the specification and drawings." The general principles of the scope of patent protection determined by the patent laws of other countries are basically the same. According to the provisions of China's patent law, when determining the scope of protection of the patent right, the technical content recorded in the patent claim shall prevail. When the content given in the claim is unclear or inaccurate, a comprehensive judgment can be made by combining the specification and the attached drawings of the specification.