The exclusive right to use a particular invention or creation enjoyed by an inventor or his assignee within a certain period of time is an 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. Patent application right: (1) The subject must have the qualification to obtain the patent right according to law. (2) It must be based on certain legal facts.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 4 Where an invention-creation applying for a patent involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.
Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests.
No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.