1, exclusive execution right
Exclusive executive power includes two aspects:
(1) The patentee has the right to exploit his patent by himself, that is, the patentee enjoys the exclusive right to manufacture, use, sell and allow the sale of his patented product according to law, or the patentee enjoys the exclusive right to use his patented method and the exclusive right to use and sell the product directly obtained according to the patented method according to law;
(2) The patentee's right to prohibit others from exploiting his patent. Except as otherwise provided in the Patent Law, the patentee of an invention or utility model has the right to prohibit any unit or individual from exploiting its patent without its permission, that is, to manufacture, use, sell, allow to sell or import its patented products for production and operation purposes, or to use its patented process and use, sell, allow to sell or import products directly obtained according to the patented process; The patentee of a design has the right to prohibit any unit or individual from exploiting its patent without its permission, that is, manufacturing, selling or importing its patented products for the purpose of production and operation.
2. Transfer right
Refers to the right of the patentee to transfer the patent ownership he has obtained to others. Where a patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the patent right shall take effect from the date of registration. Where a unit or individual in China transfers a patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
3. License enforcement right
Licensing right refers to the right of the patentee to license others to exploit his patent and collect royalties by implementing a licensing contract.
4. Marking right
The right of marking means that the patentee has the right to decide whether to indicate the patent mark and patent number on his patented product or its packaging.
5. Right to request protection
The right to request protection is the right of the patentee to bring a lawsuit to the people's court or request the patent administration department to deal with it to protect his patent right when he thinks that his patent right has been infringed. The protection of patent right is the core of patent system. If another person exploits his patent without the permission of the patentee and infringes the patent right, the patentee may bring a lawsuit directly to the people's court or request the administrative department for patent affairs to handle it.
6. Right to abstain
The patentee may, at any time before the expiration of the patent protection period, make a written statement or automatically give up his patent right by not paying the annual fee. The patent law stipulates that "if the patentee waives his patent right in writing", the patent right shall be terminated before the expiration of the time limit. After the patentee renounces his patent right, his patent right shall be terminated upon registration and announcement by the patent administrative department of the State Council.
When giving up the patent right, we need to pay attention to the following: a. When the patent right is owned by two or more units or individuals, it can only be given up with the consent of all patentees; B. If the patentee has signed a patent licensing contract with others to license others to exploit his patent, he shall obtain the consent of the licensee in advance and compensate the losses suffered by the licensee in accordance with the contract, otherwise the patentee shall not give up the patent right at will.
7. Pledge right
According to the Guarantee Law, the patentee also has the right to pledge the property right in his patent right.
(2) Obligations of the patentee
According to the provisions of the Patent Law and relevant international treaties, the obligations that the patentee shall perform include:
1. Obligation to pay the annual patent fee according to regulations.
Patent annual fee is also called patent maintenance fee. The patent law stipulates that the patentee shall pay the annual fee from the year when the patent right is granted.
2. Obligation not to abuse the patent right
Not abusing the patent right means that the patentee should choose the way to use the patent right within the scope permitted by law and exercise his rights appropriately, and shall not harm the intellectual property rights and other legitimate rights and interests of others.