The difference between obtaining a patent and obtaining a patent

1. patent right: within the scope prescribed by law, enjoy the exclusive right to use, benefit and dispose of its invention and creation without interference from others. Patent right has timeliness, regionality and legal certainty. In addition, the patent right also has the following legal characteristics: (1) The patent right is a combination of two rights, including personal rights and property rights. (2) The patent right is granted by the Patent Office. (3) The occurrence of patent right is based on the disclosure of invention achievements. (4) The patent right is enforceable. If the patentee does not implement or does not allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.

2. Patent application right: (1) The subject must be qualified to enjoy the patent right granted by law. Such as China citizens and legal persons; Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China according to the agreements signed between their countries and China or the international treaties to which they are parties, or according to the principle of reciprocity. (2) It must be based on certain legal facts. The legal facts giving rise to the right of application are: (1) invention; (2) completing the entrusted invention-creation; (three) to complete the service invention; (4) Inheritance of the right to apply; (5) Transfer of application right. With the above two conditions, you can get the right to apply for a patent. The right to apply for service invention belongs to the unit; The right to apply for a non-service invention belongs to the inventor or designer; If the implementation is entrusted, the ownership of the application right shall be determined in accordance with the entrustment contract; Where the right to apply is obtained through inheritance or transfer, the right to apply belongs to the successor or assignee. The person who has the right to apply may file a patent application with the Patent Office. After the application is approved, it enjoys the patent right.

1. patent right: if my application is approved by China National Intellectual Property Administration and meets the authorization conditions, the patent right shall be granted according to law. An applicant before a patent is granted is called a patent applicant.

"Carving patent"