/jbzs/jbzs.asp
What is a patent?
A: Patent is the most basic concept in patent law. There are generally three meanings in society: one refers to the patent right; The second refers to inventions protected by the patent law; Third, it refers to patent documents, but people are used to talking about patents mainly referring to patent rights.
The patent right is not automatically generated with the completion of the invention-creation, but requires the applicant to submit a written application to the Chinese Patent Office in accordance with the procedures and formalities stipulated in the Patent Law, and can only be obtained after passing the examination. Patent right is the exclusive right granted by China Patent Office to the applicant to exploit his invention and creation according to the Patent Law. Anyone who wants to exploit a patent must obtain the permission of the patentee and pay the royalties according to the agreement of both parties, otherwise it is infringement. The patentee has the right to request the infringer to stop the infringing act, or to request the patent management authority to handle it, or even to bring a lawsuit to the people's court. Patent right is a kind of intellectual property right, which is different from tangible property right and has time and geographical restrictions. The patent right is only valid for a certain period of time. After the expiration, the patent right will cease to exist, and the invention protected by it will become the common wealth of the whole society, and anyone can use it freely. The term of validity of the patent right is stipulated by the patent law. According to the patent law of our country, the validity period of invention patent is 20 years from the date of application, and the validity period of utility model and design patent is 10 year. The regional restriction of patent right means that the patent right granted by one country is only valid in the granting country and is not legally binding on other countries. Patents granted by countries are independent of each other.
Who has the right to apply for a patent and get a patent?
A: China's patent law divides inventions into service inventions and non-service inventions. According to the provisions of the Patent Law and its detailed rules for implementation, inventions and creations under the following circumstances belong to service inventions and creations: (1) inventions and creations completed by inventors in their own jobs; (2) Inventions and creations completed by completing tasks other than their own work assigned by their own units; (3) Inventions and creations that mainly utilize the material conditions of the entity (including funds, equipment, spare parts, materials or technical materials that are not disclosed to the public); (four) inventions made within one year after resignation, retirement or transfer of work related to their own work or assigned tasks undertaken by the original unit.
Inventions other than those mentioned above are non-service inventions.
According to the different nature of inventions, China's patent law stipulates that the following personnel and units have the right to apply for and obtain patents in China:
(1) Inventors and designers
For non-service inventions, inventors and designers in China have the right to apply for patents and obtain patent rights as long as they have normal capacity, regardless of age, gender, occupation, political outlook, health status and place of residence.
(2) the unit to which the inventor or designer belongs
The right to apply for a patent for a service invention-creation belongs to the unit to which the inventor or designer belongs. After the patent is approved, if a unit owned by the whole people applies, the patent right shall be held by the unit; Where a unit that is not owned by the whole people applies, the patent right belongs to the unit. Unless otherwise agreed, the invention-creation completed by two or more units or entrusted by one unit to another unit shall be owned or owned by the applicant.
(3) the legal heir or successor of the right to apply.
The patent law stipulates that the right to apply and the patent right can be transferred. People and units that have the right to apply can transfer the right to apply for a patent to a third party according to their own wishes. However, the transfer of the right to apply for a patent by a unit owned by the whole people shall be approved by the competent department of the State Council. The Patent Law of China also stipulates that if an applicant applies for a patent for the same invention-creation, the patent right shall be granted to the applicant who first filed the application.