What is a patent right and under what conditions can a patent right be obtained?

1. What is the patent right? Patent right refers to the patent right enjoyed by the patentee for his invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law. Two. Conditions for Obtaining a Patent Right (1) An invention-creation granted a patent right must be an invention, utility model and design that conforms to the provisions of Article 2 of the Patent Law. Where the subject matter of the application is not an invention, utility model or design as stipulated in the Patent Law, no patent right may be granted; (2) The theme of the patent right must be within the scope of the theme that can be granted a patent right, that is, it cannot be within the scope of not granting a patent right as stipulated in Article 25 of the Patent Law; (3) The theme of granting a patent right must be that it cannot violate national laws, social ethics or harm public interests, that is, it cannot be excluded by Article 5 of the Patent Law; (4) The theme of the patent right granted must conform to the provisions of Articles 22 and 23 of the Patent Law, that is, the invention or utility model granted with patent right should be novel, creative and practical. The design to which the patent right is granted shall be different from or similar to the existing design, and shall not conflict with the legal rights previously obtained by others. If the applicant does not meet one of the above conditions, it can be the reason for rejecting the patent application at the examination stage. After the patent right is granted, anyone who finds that the patent right does not meet one of the above conditions may file an invalid application with the Patent Reexamination Board on this ground. Three. What are the conditions for invalidation of patent right? After the patent right has been granted and announced by the patent administration department of the State Council, any unit or individual may request the the State Council Patent Reexamination Board to declare the announced patent invalid if it thinks that the patent right does not conform to the Patent Law of People's Republic of China (PRC) and its real situation. The invalidation of the patent right shall be made by the Patent Reexamination Board and registered and announced by the patent administration department of the State Council. The applicant shall file a written application for invalidation of the patent right with the the State Council Patent Reexamination Board, and attach relevant evidence in duplicate. The application shall specify the reasons for invalidation and indicate the evidence on which each reason is based. After the applicant's application for invalidation of the patent right is accepted by the Patent Application Reexamination Board, the applicant may supplement, modify or add evidence within one month from the date of acceptance, and provide new evidence or modify or supplement the original evidence beyond the prescribed one-month period, and the Patent Application Reexamination Board may not consider it.