1, exclusivity, the patentee has the exclusive right and exclusive right to the patent, and no one else may use the patented technology without the permission of the patentee. If patented technology is used, others need to bear corresponding legal responsibilities. Patents are monopolistic. Patent right is an exclusive right granted to the applicant by the competent government department according to the application of the inventor or applicant, and the patentee has the right to possess, use, benefit and dispose of the invention.
2, timeliness, the patentee shall enjoy the protection of the patent law for a certain period of time. After the expiration of the patent, the public can use the patented technology for free, and the patent becomes the common wealth of mankind and can be used by anyone. The validity period of the invention patent is 20 years;
3. regionality. Any patent right is valid only within a certain geographical scope authorized by it. If you apply for a patent in China, it will only be protected by the patent law of China. If the patentee wants to enjoy the patent right in other countries, he must apply for a patent according to the laws of other countries. Unless otherwise stipulated in international treaties and bilateral agreements, no country will recognize the patent rights granted by other countries or international intellectual property institutions.
The examination and approval procedures for an application for a patent for invention include:
1, accepted;
2. First instance;
3. announcement;
4. Practical trial;
5. authorization.
legal ground
patent law of the people's republic of china
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.