In our country, patent has two meanings:
1, the use of spoken language only refers to "exclusive possession". For example, "This is just my patent".
2. The triple meanings in intellectual property rights are easily confused.
abbreviate
First, the abbreviation of patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law.
Second, it refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. The "patent" here refers to technical methods-technologies or schemes protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country.
Third, it refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document.
As a part of intellectual property, patent is an intangible property with characteristics different from other properties.
exclusiveness
That is exclusivity. It means that within a certain period of time (within the validity period of the patent right) and within a certain area (within the legal jurisdiction), no unit or individual may exploit its patent without the permission of the patentee, that is, it shall not manufacture, use, promise to sell, sell or import its patented products for the purpose of production and operation, or use its patented methods and manufacture, use, promise to sell, sell or import its patented products, otherwise it will be an infringement.
regional
Regionality means that the patent right is a right with geographical restrictions and is only valid within the legal jurisdiction. Except in some cases, according to the international convention for the protection of intellectual property rights, if an individual country recognizes the validity of the patent right approved by another country, the technological invention will be granted the patent right applied for by that country, and it is only valid within the scope of the patent-granting country, but it is not legally binding on other countries, and other countries do not undertake any protection obligations. However, the same invention can be patented in two or more countries at the same time, and its invention can be protected by law in all the applicant countries after it is approved.
in time
Timeliness means that a patent is only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed. With the end of the protection period, the invention becomes the public wealth of the society, and others can freely use the invention to create products. The term of patent protection prescribed by law shall be stipulated by the patent law of the relevant countries or relevant international conventions. The patent laws of all countries in the world have different provisions on the duration of patent protection. Article 33 (Intellectual Property Agreement) stipulates that "the term of protection shall not be less than the end of the twentieth year from the date of filing the application".
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, hereinafter referred to as the registration system).
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