Legal analysis
According to relevant laws and regulations, the patentee is the owner and holder of the patent right. That is, when the patent application is approved, the patent applicant is granted the patent right. The patentee can be a unit or an individual. The patentee's rights include patent personal rights and patent property rights. 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 mainly includes the following three aspects: (1) exclusive right, that is, only the patentee has the right to manufacture, use and sell his invention and creation, and enjoys the exclusive right to obtain a patent. Any natural person, legal person or other organization that uses, manufactures and sells patented products must obtain a license for free. (2) Licensing right, that is, the right to license others to exploit their patents. Any unit or individual that exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the patent exploitation fee. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. (3) Transfer right, patent application right and patent right can be transferred, and 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.
legal ground
patent law of the people's republic of china
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.
Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, 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, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.
Article 12 Any unit or individual that exploits another person's patent shall conclude an exploitation 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.