In the era when there is no written law, the king's orders are decrees, and only the king can grant this exclusive right. So, this special certificate of rights
With a legal color. A king's certificate does not have a seal like the usual certificate, but an "opening certificate" without a seal.
Anyone can open it. So the content of this certificate is public, and the original meaning of the patent is public. The above two characteristics
Point, constitute the two most basic characteristics of the patent: "monopoly" and "openness".
The patent system has been established for hundreds of years. The first patent law in the world was promulgated by Venice on March 2009 1474+09.
Patent law. Britain promulgated the Monopoly Law in 1624, which is the second milestone in the development history of the world patent system.
It is considered as the first formal and complete patent law in the world and the beginning of modern patent law. The United States decided the first patent law in 1790. law
The patent law promulgated by China is 179 1, followed by Russia 18 14, Netherlands 18 17, Spain 1820, and India14.
China implemented the patent protection system in 1877 and Japan in 1885. The patent system has become a universal system.
Since the end of19th century, the patent system has been internationalized, and some industrialized countries are eager to have a more unified patent system.
The patent system and the worldwide coordinating body for adjusting the patent systems of various countries. After World War II, the internationalization trend of patent system
It further developed, signed a series of international treaties and established the World Intellectual Property Organization. Among them, international articles related to the patent system
About: Paris Convention for the Protection of Industrial Property (1883), Hague Agreement on International Filing of Industrial Designs (1925), Plant Protection.
International Treaty on New Varieties of Things (196 1 year), World Intellectual Property Organization Convention (1967), Patent Cooperation Treaty (1970), International Patent.
Strasbourg Agreement (197 1 year), Locarno Agreement on International Classification of Industrial Designs (1960) and European Patent Convention.
(1973), European patent convention (1975), Geneva regulations on international registration of scientific discoveries (1978), and international recognition.
Budapest Treaty on the Preservation of Microbes in Patent Procedures (1977) and Agreement on Trade-related Aspects of Intellectual Property Rights (1994).
Wait a minute.
On March 1984 and 12, the patent law of People's Republic of China (PRC) was deliberated and adopted for the fourth time by the 6th the National People's Congress Standing Committee (NPCSC), 1985 and 1.
On June 9, 65438, the State Council approved the Detailed Rules for the Implementation of the Patent Law, and China's patent law was formally implemented on April 6, 1985. The birth of patent law is the foundation of our country.
The establishment of the patent system is an important milestone, and it is also an important symbol that intellectual property protection in China has entered a new era. After1September 4, 992
The Patent Law was revised for the first time on June, and the revised Patent Law came into effect on June, 1993, 1. On August 25, 2000, it was revised for the second time.
Entered into force on July 38, 2006540 1 day.
Patent right is the core of patent law, and the whole content of patent law revolves around how to protect patent right. Patents are not innate.
Some, acquired later, are those who have the ability of invention and creation, have made intellectual achievements and made concrete contributions to mankind and society.
Only after (including some significant) contributions can we obtain special rights according to legal procedures.
This right has both spiritual attributes, that is, it is closely connected with the person, and is called spiritual right or personal right; And own property.
Property, that is, you can get some material benefits from it, also called economic rights.
The property attribute of patent right is different from tangible property right. Tangible property rights have material attributes, but they are not as patent rights.
Tangible property, intangible and intangible, will not be consumed in use, is difficult to protect, and is easy to be occupied by others for free. Therefore, through
Protect this intangible property right through national legislation; Because the patent right will not be consumed by use in the process of use, this right is not
It should become an eternal right. While protecting the interests of the patentee, we should also consider the interests of the state, society and the public, and also regulate the patentee.
Set some restrictions.
In this way, the patent right has its own characteristics in the legal sense:
The patent right is exclusive or exclusive.
Patent right refers to the fact that the competent government department considers that the invention meets the conditions stipulated in the patent law according to the application of the inventor or applicant, and
The exclusive right granted to the applicant belongs exclusively to the obligee, and the patentee enjoys, possesses, uses, uses and accepts the object of his rights.
Beneficial right and disposal right; The patentee has the right to license or not to license others to use the acquired rights; Without the permission of the patentee,
The principle of not manufacturing, using or selling patented inventions and creations constitutes legal infringement.
Patent right is time-limited.
The temporality of patent right means that the patent right has a certain term, that is, the protection period of patent laws and regulations in different countries in the world is different.
Therefore, China's current patent law stipulates that the term of the invention patent right is 20 years, and the right expires or becomes invalid, and the patented technology enters the public domain.
Who can use it for free, but the ownership of tangible property rights has eternal life in the legal sense.
The patent right is regional.
The regionality of patent right refers to the space limitation of patent right. Refers to the patent granted and protected by a country or region, only in
The works of this country are valid in this region, but they have no legal effect on other countries and regions, and their patents are not recognized and protected. If the patent
If the obligee wants to enjoy the patent right in other countries, he must file a patent application separately according to the laws of other countries. The right to tangible property is
There are no geographical restrictions.
According to the provisions of China's patent law, the object of patent right can be divided into invention, utility model and design, in which invention refers to property right.
New technical solutions proposed by products, methods or their improvement; Utility model refers to the shape, structure or combination of products suitable for reality.
The new technical scheme adopted; Design refers to the shape, pattern, color or their combination of products suitable for aesthetic feeling and works.
New design for industrial application.
The subject of patent right refers to the person who can enjoy the patent right according to law. The patent laws of all countries stipulate that natural persons and legal persons can apply for and obtain patents.
Patent right. But in practice, each subject has different qualifications and corresponding rights and obligations. Patent right stipulated in China patent
The subject of invention is: the applicant is a service invention-creation that performs the task of the unit or mainly uses the material conditions of the unit.
An applicant for a non-service invention-creation is an inventor or designer. China's patent law stipulates that the units that can become applicants are
Units under ownership by the whole people, units under collective ownership, foreign-funded enterprises and Sino-foreign joint ventures.
Article 10 of the Patent Law stipulates the contents of the patent right: "After the patent right for invention and utility model is granted, it shall be granted unless otherwise provided by law.
In addition, without the permission of the patentee, no unit or individual may manufacture, use or sell its patented products for production and business purposes, nor may it manufacture them.
Use its patented method, and use and sell the products directly obtained according to the patented method. After the design patent is granted, any
Without the permission of the patentee, no unit or individual may manufacture or sell its patented products for production and business purposes. A patent was granted.
Thereafter, unless otherwise provided by law, the patentee has the right to prevent others from importing the patented product for the purposes mentioned in the preceding two paragraphs without the permission of the patentee.
Products directly obtained according to its patented method or imported products. "
It can be seen that different types of patents have different protected behaviors. For patents for inventions and utility models,
It has the right to manufacture, sell and import. Invention patents can be divided into product and method inventions, and the patentee of product inventions enjoys the right to manufacture.
Right, right to use, right to sell and right to import, method invention patent right enjoys not only the right to use the method, but also the right to follow.
Product rights directly obtained by patented method. In addition, the patentee will be subject to some restrictions when exercising these patents. These restrictions
These preconditions include "except as otherwise provided by law", "without the permission of the patentee" and "not for the purpose of production and operation".
Patent talents have the right to enjoy the right to manufacture, use, sell and import, and prohibit others from exercising the above rights without permission, which can be subdivided.
There are four kinds of rights: prohibition right, transfer right, license implementation right, patentee's own implementation right and marking right.