First, the meaning is different.
Patent right refers to an application for invention-creation that meets the conditions authorized by the Patent Law, and the exclusive right to a certain technology is granted by China National Intellectual Property Administration. Patent technology can be licensed, transferred, pledged and financed. At the same time, it also has the right to prohibit others from carrying out it and bring a compensation lawsuit to the infringer.
The right to apply for a patent refers to the right of the applicant for invention-creation (the applicant here can be a natural person or a legal person) to continue the patent application procedure and transfer the patent application after the invention-creation has applied to China National Intellectual Property Administration.
Second, the process is different.
The patent right is obtained after the final authorization, and the right to apply for a patent is the right before the patent is granted or rejected.
legal ground
Article 14 of the Patent Law stipulates the right to apply for a patent or the exercise of the patent right, and such stipulations shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.
Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.