1. Patent rights: the right to exclusively use, benefit from, and dispose of inventions and creations within the scope of the law, and to exclude interference from others. Patent rights are temporal, territorial and legally confirmable. In addition, patent rights also have the following legal characteristics: (1) Patent rights are two rights in one, including personal rights and property rights. (2) The patent right must be granted by the Patent Office. (3) The occurrence of patent rights is predicated on the disclosure of invention results. (4) Patent rights are exploitable. If the patentee does not implement or allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.
2. Right to apply for patent: (1) The subject must have the qualifications to enjoy patent rights granted by law. Such as Chinese citizens and legal persons; foreigners, foreign enterprises or foreigners who do not have a habitual residence or business place in China who can enjoy patent rights in accordance with the agreement signed by their country with China or the international treaty that China has joined, or in accordance with the principle of reciprocity. Other foreign organizations. (2) It must be based on certain legal facts. The legal facts that cause the right to apply are: (1) invention and creation; (2) completion of entrusted invention and creation; (3) completion of service invention and creation; (4) inheritance of application right; (5) transfer of application right. If the above two conditions are met, the right to apply for a patent will be obtained. The right to apply for a service invention belongs to the unit; the right to apply for a non-service invention belongs to the inventor or designer; if the invention is entrusted, the ownership of the right to apply shall be determined according to the entrustment contract; if the right to apply is obtained due to inheritance or transfer, the right to apply shall belong to Successor or assignee. Those who have the right to apply can file a patent application with the Patent Office. After the application is approved, you will enjoy patent rights.
1. Patent right: If you submit an application yourself and pass the review by the State Intellectual Property Office, and meet the conditions for authorization, the patent right will be granted in accordance with the law. The applicant before the patent is granted is called a patent applicant.
"Litecarve Patent"