(1) exclusivity. Patent right is an intangible property right, which is exclusive. Unless otherwise provided by law, anyone who exploits a patent must obtain the permission of the patentee and pay the royalties according to the agreement of both parties, otherwise it will constitute infringement. (2) timeliness. It means that the patent right is only valid during the authorization period. After the expiration or termination of the term, the invention will become the common wealth of the whole society, and anyone can use it for free. The duration of the patent right is stipulated by the patent law. (3) regionality. It means that the patent right granted by a country is only valid within the geographical scope of the granting country or region, and is not legally binding on other countries or regions. The patent rights granted by each country or region are independent of each other. Patent right refers to the exclusive right granted by the state to the inventor or designer within a certain period of time in accordance with legal procedures on the premise that the content of the invention is open to the public and the invention has legal interests to the society.
Legal basis:
After the patent right of invention and utility model in Article 11 of the Patent Law of People's Republic of China (PRC) has been granted, unless otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.
Derivative problem:
What kinds of patents are there? Patents are divided into inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Invention patents can be protected for a long time, but the authorization standard is high and the procedure takes a long time. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The patent protection period of utility model is short, but the authorization standard is low and the procedure is time-consuming. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns. The authorization standard of the design is low and the program takes a short time. Its protection period was changed to 15 years in the latest patent law revised in 2020.