The basic principle of patent law is the basic principle that runs through patent legislation and judicature. It not only embodies the characteristics of invention-creation patent right different from general civil rights, but also is the basis for explaining patent legal rules.
Second, the content of the basic principles of China's patent law
The basic principles of China's patent law can be summarized as follows:
(1) The principle of protecting the patent right of invention and creation is embodied in:
1. The patent law gives the patentee the exclusive right of invention and creation according to law, which has the content of property rights, including the ownership of invention and creation, exclusive use right and transfer right. In terms of personal rights, inventors can enjoy the right of signature and honor according to the invention law.
2. According to the rule that inventors own inventions, the Patent Law confirms that as long as inventors of inventions enjoy the patent right equally, regardless of their differences in civil capacity.
3. When adjusting the relationship between the inventor and the social organization to which he belongs, the Patent Law stipulates that the right to apply for a patent for a service invention-creation belongs to the unit, in order to give consideration to the legitimate rights and interests of both the social organization as the investor and the members of the organization as the inventor, but the parties may also determine the ownership of the right according to the contract.
4. When the ownership of the patent right is disputed or the patent right is infringed, the obligee has the right to bring a lawsuit to the court for legal confirmation and protection.
(II) The principle of giving consideration to the public interest * * * The principle of giving consideration to the public interest is as follows:
1. An invention-creation granted a patent right shall not violate national laws and public interests.
2. The implementation of patented technology should obey the public interest.
3. Abuse of rights is prohibited.