Generally speaking, the patentee mainly has the following three rights:
First, exclusive rights.
The exclusive right is the most important right of the patentee, which means that the patent can only be controlled, used and disposed of by the patentee. It is an infringement for others, whether natural persons or legal organizations, to use the patent, manufacture or sell the patented product without the permission of the patentee, and the patentee has the right to demand the infringer to bear the liability for compensation.
Second, permission.
Licensing right is actually a kind of right based on exclusive right, which means that the patentee can allow others to use his own patent through contract. We can simply understand it as a lease relationship, in which the patentee rents the patent to others and the user pays the royalties.
Third, the right of transfer.
According to the relevant provisions of the Patent Law of People's Republic of China (PRC), patents are transferable. Generally, the patent transfer we see can be understood as the "sale" of patents. Of course, transfer is not only a way of buying and selling, but also a free gift or a mortgage. In addition, patents can be inherited according to law, which is also a way of transfer.
: People's Republic of China (PRC) Patent Law
Article 10 The right to apply for a patent and the patent right may be transferred. Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations. 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.
Legal basis: Article 11 of the Patent Law stipulates: "After the patent right for invention and utility model is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, or use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. After the patent right for design is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, sell or import its patented products for production and business purposes. "