Legal subjectivity:
Patent rights are the legal rights that patentees enjoy over their patented inventions and creations. According to the provisions of the Patent Law, patentees enjoy the following rights: (1) The right to implement their patents. Implementation in the sense of patent law, for invention or utility model patents, includes five behaviors: manufacturing, use, offering for sale, selling and importing: for product patents, the patentee can manufacture, use, offer for sale, sell and import. Its patented products; for process patents, you can use its patented methods and use, offer to sell, sell, and import products directly obtained according to the patented method; for design patents, this includes manufacturing, selling, and importing. (2) The right to allow other units and individuals to implement their patents, which is called "license" in the patent law. Through a licensing contract, the licensee does not obtain patent rights, but only obtains the right to implement the patent, that is, the right to manufacture, use, sell and import patented products or use patented methods for production and business purposes. The license must be concluded in a written contract, and the licensee must pay royalties to the patentee. (3) Prohibit other units or individuals from implementing their patent rights. After a patent right is granted, the patentee has the right to prohibit any unit or individual from exploiting the patent, unless otherwise provided by law. This right reflects the exclusivity of patent rights and is the most important aspect of patent rights. (4) The right to request protection. When patent rights are infringed, the patentee has the right to request the patent management agency to handle the matter, or directly file a lawsuit in the People's Court. The patent management authority has the right to order the infringer to stop the infringement and compensate for losses. If any party concerned is dissatisfied with the decision of the patent authority, it may file a lawsuit in the People's Court within three months from the date of receipt of the notice. If the party concerned fails to file a lawsuit within the three-month period and fails to implement the decision, the patent administration agency may request the People's Court to enforce the decision. The patentee or its interested parties may also directly file a lawsuit with the People's Court without going through the patent management agency, requesting the court to protect their patent rights. (5) The right to transfer its patent. (6) Give up the right to its patent. Abandonment is also a way to dispose of patent rights. Waiver can be effected by submitting a written application to the Patent Office or by not paying an annual fee. (7) The right to indicate patent marks and patent numbers on patented products or the packaging of such products. The patent mark can be "China Patent" or similar words. The patent number is the serial number assigned by the Patent Office when granting patent rights. The Patent Law stipulates that if others infringe the rights of the patentee, counterfeit the patent, and pass off non-patented products or patented methods as patented products or patented methods, the patentee may request the patent management agency to take action on its own or directly report to the patentee. Prosecution in the People's Court. Legal objectivity:
The material conditions of the unit referred to in Article 6 of the "Patent Law of the People's Republic of China" refer to the unit's funds, equipment, parts, raw materials or materials that are not disclosed to the public. Technical information, etc. Article 12 The term "service inventions and creations completed in the performance of the tasks of the unit" as mentioned in Article 6 of the Patent Law refers to: (1) Inventions and creations made in the course of one's own work; (2) Inventions and creations made in addition to the performance of one's own work assigned by the unit. (3) Inventions and creations made within one year after retirement or transfer from the original unit or the termination of labor or personnel relations, and related to the work performed by the original unit or the tasks assigned by the original unit.