Individual patent right
The personal right of patent mainly means that the inventor and designer of a patent have the right to declare that they are the inventor or designer of the patent in the patent literature, that is, the right of signature, which does not disappear because of the transfer of patent property rights. In addition, there is the right to modify patent documents.
Patent property right
Patent property rights mainly include the following three aspects:
1, exclusive right. It means that only the patentee has the right to manufacture, use and sell his invention and creation, and enjoys the exclusive right to obtain a patent, and any natural person, legal person or other organization has to pay remuneration to obtain the license to use, manufacture and sell the patented product;
2. permission. That is, the right to license others to exploit their patents.
The Patent Law of People's Republic of China (PRC) stipulates that "any unit or individual who exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.
However, if the invention patents of state-owned enterprises and institutions are of great significance to the national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, with the approval of the State Council, decide to popularize and apply them within the approved scope, allowing designated units to implement them, and the implementing units shall pay remuneration to the patentee in accordance with state regulations. Invention patents of collectively owned units and individuals are of great significance to national interests or public interests, and if they need to be popularized, they can also be implemented with reference to the above measures.
The patent administrative department of the State Council does not need the patentee's license to implement the compulsory license, but the user shall pay the remuneration.
3. Turn right. The right to apply for a patent and the patent right can be transferred. The Patent Law of People's Republic of China (PRC) stipulates: "The patent application right and patent right can be transferred." However, the transfer must be signed and registered in writing, and the transfer contract will take effect after the announcement.
The right to apply for a patent and the patent right can be sold, donated, mortgaged, or invested at a fixed price. According to the provisions of the patent law, the transfer shall follow the following procedures:
1. Enter into a written contract, which will take effect after registration and announcement;
Two, the transfer to foreigners, should be reported to the relevant departments of the State Council for approval before operation.
According to the provisions of China's patent law, the patentee enjoys the following rights:
(1) exclusive rights. Exclusive rights are also called "exclusive rights". Article 11 of the Patent Law stipulates: "Except as otherwise provided in this Law, after the patent right for invention and utility model is granted, no unit or individual may exploit its 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 patent right for design is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell or import its patented products for production and business purposes. "
(2) License enforcement right. The right to license implementation, that is, the right to use the license, means that the patentee conditionally allows others to use his patented technology. Specifically, the patentee (licensor) allows others (licensee) to use all or part of the patented invention-creation technology under certain conditions by signing a contract.
(3) the right of transfer. Patent transfer refers to all legal acts of the patentee, as the transferor, transferring his patent to another party (transferee). The transfer of the patent right has changed the owner of the main patent right, and the original patentee no longer owns the patent right. There are two ways to transfer patent right: contract transfer and inheritance transfer. The transfer of the contract is carried out on a voluntary basis, such as the transfer of patent rights by means of sale, exchange, gift and technology sharing. Inheritance transfer is a transfer due to legal reasons. When the patentee (natural person) dies, the patent right is transferred to the person who enjoys the right of inheritance according to the inheritance law. Article 10 of the Patent Law stipulates: "The right to apply for a patent and the patent right may be transferred. Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the relevant competent department in the State Council. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. "
(4) Other rights of the patentee. ① Marking right: refers to the right of the patentee to indicate the patent mark and patent number on his patented product or the packaging of patented product. (2) Waiver right: When the patentee thinks that it is unnecessary to continue to maintain the patent right, he can declare in writing that he will give up the patent right, or he may not pay the patent maintenance fee, and the patent right will automatically terminate. (3) the right to request protection: that is, when the patent right is infringed by others, the patentee has the right to request judicial protection according to law.