Legal analysis:
(1) It is exclusive. The so-called exclusivity is also called monopoly or exclusiveness. Patent right is an exclusive right granted to the applicant or his legal assignee by the competent government department based on the application of the inventor or applicant and deeming that his invention meets the conditions stipulated in the patent law. It is exclusively owned by the patentee, and the patentee has the right to possess, use, benefit from and dispose of the object of its rights (i.e. invention and creation).
(2) It is temporal. The so-called temporal nature of patent rights means that patent rights have a certain time limit, which is the protection period stipulated by law. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. Article 42 of my country’s Patent Law stipulates: “The term of invention patent rights is 20 years, and the term of utility model and design patent rights is 10 years, both calculated from the date of application.”
(3 ) is regional. The so-called regionality refers to the spatial restrictions on patent rights. It means that the patent rights granted and protected by a country or a region are only valid within the scope of that country or region and have no legal effect on other countries and regions, and their patent rights are not recognized and protected. If the patentee wishes to enjoy patent rights in other countries, he must file a separate patent application in accordance with the laws of other countries. Unless otherwise stipulated in international treaties and bilateral agreements, no country will recognize patent rights granted by other countries or international intellectual property agencies.
Legal basis:
"Patent Law of the People's Republic of China"
Article 26 To apply for an invention or utility model patent, you must submit Documents such as request, description, abstract and claims. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant is unable to explain the original source, the applicant shall state the reasons.
Article 27 When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photos submitted by the applicant should clearly show the design of the product for which patent protection is sought.
Article 28 The date when the patent administration department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application.
Article 29 Within 12 months from the date the applicant first files a patent application for an invention or utility model in a foreign country, or from the date a design first files a patent application in a foreign country, If another patent application is filed in China on the same subject matter within six months of the date of filing, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country with China or an international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. If the applicant files another patent application for the same subject with the Patent Administration Department of the State Council within twelve months from the date of first filing a patent application for an invention or utility model in China, the applicant may enjoy priority.
Article 30 If the applicant claims priority, he shall submit a written statement when applying and submit a copy of the first patent application document within three months; if the applicant fails to submit a written statement or If a copy of the patent application document is not submitted within the time limit, it will be deemed that priority has not been claimed.
Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application. A design patent application shall be limited to one design. Two or more similar designs for the same product, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application.