What rights does the patentee have? How to understand the rights of the patentee?
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. The patentee can be a unit or an individual. What rights does the patentee have? The right type of the patentee is 1. The right to exploit their own patents means the right to manufacture, use, sell, promise to sell and import their patented products or use their patented methods. 2. To license others to exploit their patents, the licensee shall obtain the corresponding patent exploitation right and pay the patent royalties to the patentee. According to the scope and authority of the exploitation right obtained by the licensee, the patent exploitation license can be divided into the following categories: (1) exclusive exploitation license, that is, the licensee enjoys the exclusive exploitation right within a certain time and effective geographical scope, and the patentee may not license the patent to others, and the patentee himself may not exploit the patent; (2) Exclusive license, referred to as exclusive license or exclusive license for short, means that within a certain period of time and effective geographical scope, the patentee only permits the licensee to exploit the patent, and may not permit others to exploit the patent, but the patentee himself can exploit the patent; (3) General license, also known as general license, means that within a certain period of time and effective geographical scope, the patentee can license others to exploit the patent while licensing the licensee, and the patentee himself can also exploit the patent; (4) Cross-licensing, referred to as cross-licensing or exchange licensing, means that two patentees mutually license each other to exploit their own patents; (5) Sub-licensing, referred to as sub-licensing, means that the patentee authorizes the licensee to exploit his patent and at the same time authorizes the licensee to license a third person to exploit the patent. 3. The right to prohibit others from exploiting their patents. Without the permission of the patentee, no unit or individual may exploit its patent, that is, it may not manufacture, use or sell its patented products or use its patented methods for production and business purposes. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture or sell its patented products for production and business purposes. 4. Right to request protection. The patentee or interested party may, without the permission of the patentee, request the patent administrative organ to handle the patent infringement, or directly bring a suit in the people's court. 5. The right to transfer the patent right. The right to apply for a patent and the patent right can be transferred. Where a unit owned by the whole people transfers the right to apply for a patent or the patent right, it must be approved by the competent authority at a higher level. 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 must conclude a written contract, which will take effect after it is registered and announced by the Patent Office. 6. The right to mark the patent right on the product, the patentee has the right to mark the patent mark and patent number on the patented product or the packaging of the product. The patentee is the subject of the patent right. The patentee enjoys the rights conferred by law and undertakes the obligations stipulated by law.