Patent right: the exclusive right of an inventor or his assignee to exploit a specific invention and creation within a certain period of time, which is a kind of intellectual property right.
Patent application right: the right to file a patent application with the Patent Office.
Second, the characteristics are different.
1, the patent right also has the following legal characteristics:
(1) Patent right refers to the combination of personal rights and property rights.
(2) The patent right is granted by the Patent Office.
(3) The production of patent right is based on the publication of invention.
(4) Patents are practical. If the patentee does not exploit or does not allow others to exploit his patent, the relevant departments shall take compulsory licensing measures to make full use of his patent.
2. The right to apply for a patent:
(a) the subject must have the qualification to obtain the patent right according to law. Such as China citizens and legal persons; Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China can enjoy the patent right according to the agreement they signed with China or the international treaties to which * * * is a party. Adapted to or conforming to the principle of reciprocity.
(2) It must be based on certain legal facts. The legal facts that lead to the right to apply are:
(1) Invention and creation;
(2) completing the entrusted invention-creation;
(3) Inventions and creations after completion;
(4) Inheritance of the right to apply;
(5) Transfer of application right.
Extended data:
Scope of protection of patent right:
The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, which can be illustrated by the description and attached drawings. This means that the protection scope of the patent right should be defined by the necessary technical features clearly recorded in the claims, and include the scope determined by the same features as the necessary technical features.
Equivalent features refer to features that ordinary technicians in this field can associate without creative labor, and their functions and effects are basically the same as those recorded in the technical features. The scope of protection of the patent right of design shall be subject to the patented product of design with pictures or photographs.
The protection scope of the patent right of design depends on two aspects: one is the design represented by pictures or photographs; The second is to define the scope of products designed and used when granting patents. In order to determine whether the design is the same or similar, it should be based on similar products.
Baidu encyclopedia-patent right
Baidu Encyclopedia-Patent Application Right