Rights of patentee

The patentee is the subject of the patent right. The patentee includes the patentee and the obligee.

1, no alcohol. It means that only the patentee has the right to manufacture, use and sell his invention and creation, and enjoys the exclusive right to obtain a patent. Any natural person, legal person or other organization that uses, manufactures and sells patented products must obtain a license for free.

2. permission. Refers to the patentee conditionally allowing others to use his patented technology.

The Patent Law of People's Republic of China (PRC) stipulates that "any unit or individual who exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. "

3. Turn right. Article 10 of the Patent Law of People's Republic of China (PRC) stipulates: "The right to apply for a patent and the patent right can be transferred."

The right to apply for a patent and the patent right can be sold, donated, mortgaged, or invested at a fixed price. Inheritance and transfer are due to legal reasons. When a natural person who is the patentee dies, the patent right shall be transferred to the person who has the right of inheritance in accordance with the provisions of the inheritance law.

Legal basis:

Article 10 of the Trademark Law of People's Republic of China (PRC)

The right to apply for a patent and the patent right can be transferred.

Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.