I. Protection of patent rights for inventions and creations
The so-called patent right refers to the exclusive right or exclusive right enjoyed by the obligee to the patented invention-creation (invention, utility model or design) within the statutory time limit. The patent right has the following characteristics:
1, exclusive or exclusive, the patentee has exclusive rights or exclusive rights to the patented invention-creation.
2. regionality. The patent right obtained in a country according to the patent law of that country is only valid within the jurisdiction of that country and protected by the laws of that country. It is not legally binding in other countries and cannot be protected by other countries. If you want to get patent protection in other countries, you must apply for a patent according to the laws of that country and obtain the patent right in that country.
3, timeliness, the patent right is only valid within the time limit prescribed by law. Once the term expires or the termination is announced due to the reasons stipulated by law, the exclusive rights enjoyed by the patentee for his invention and creation will be extinguished, and the invention and creation will become public property, and anyone can use it free of charge.
4. Statutory authorization, the patent right is not automatically generated based on the fact of invention-creation, but is granted with the approval of the national patent authority according to law.
Second, encourage invention and creation.
According to the provisions of the patent law, the patentee enjoys the exclusive right to the invention-creation granted the patent right. The patentee can obtain income by exploiting the patent by himself, or license others to exploit the patent, or obtain equity by investing the patent right, and of course, he can also obtain the transfer fee by transferring his own patent right. In short, through the patent system established by the Patent Law, those inventions that have practical value and economic significance and are granted patent rights according to law become the property rights of the patentee, and the patentee can obtain economic benefits from them, which will play an important role in encouraging inventions, mobilizing people's enthusiasm for inventions and attracting more funds and manpower to invest in inventions and creations.
Third, it is conducive to the popularization and application of inventions.
The promotion of patent law to the popularization and application of invention and creation is mainly reflected in the following two aspects.
1. According to the provisions of the Patent Law, the patentee enjoys the exclusive right to patent invention-creation. He can make profits by exploiting his own patent, or he can conclude a patent exploitation license contract with others in accordance with the provisions of the Patent Law, and obtain the patent license fee paid by the licensee by licensing others to exploit his own patent.
2. The disclosure of patented technology protected by law is an important system stipulated in the Patent Law. According to the provisions of the Patent Law, if an applicant applies for a patent for invention or utility model, he shall submit a specification to the patent administration organ in accordance with clear and complete requirements, and the patent administration organ shall publish it according to law. Because of this legal publicity system, information about inventions can be shared by the whole society, and relevant units and individuals can learn about the needed technology in this way, and contact the patentee in time to obtain the license of patented inventions, which is conducive to the popularization and application of inventions.
Fourth, promote scientific and technological progress and innovation to meet the needs of socialist modernization.