The characteristics of patent rights do not include tangibility.
Patent right is an exclusive right granted to the patentee by the patent administration department of the State Council in accordance with legal provisions and legal procedures. It is a type of intangible property right and has the following main characteristics compared with tangible property.
(1) Exclusive. The so-called exclusivity is also called monopoly or exclusiveness. Patent right is an exclusive right granted to the applicant or his legal assignee by the competent government department based on the application of the inventor or applicant and deeming that the invention meets the conditions stipulated in the patent law. It is exclusively owned by the patentee, and the patentee has the right to possess, use, benefit from and dispose of the object of its rights (i.e. invention and creation).
(2) It is temporal. The so-called temporal nature of patent rights means that patent rights have a certain time limit, which is the protection period stipulated by law. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. Article 42 of my country’s Patent Law stipulates: “The term of invention patent rights is 20 years, and the term of utility model and design patent rights is 10 years, both calculated from the date of application.”
(3) It is regional. The so-called regionality refers to the spatial restrictions on patent rights. It means that the patent rights granted and protected by a country or a region are only valid within the scope of that country or region and have no legal effect on other countries and regions, and their patent rights are not recognized and protected.
If the patentee wishes to enjoy patent rights in other countries, he must file a separate patent application in accordance with the laws of other countries. Unless otherwise stipulated in international treaties and bilateral agreements, no country will recognize patent rights granted by other countries or international intellectual property agencies.
The subject of patent rights, the patentee, refers to the person who enjoys the rights stipulated in the patent law and also bears corresponding obligations. In my country, both natural persons and entities can apply for or be assigned patents and become the subject of patent rights. It should be noted that the subject of patent rights is not equal to the inventor or applicant of the patent.
The patentee of a joint invention is usually the unit or individual who completed the patented invention. Cooperative invention, also known as joint invention, refers to an invention created by the cooperation of two or more units or individuals. Unless otherwise provided in the agreement, the right to apply for a patent is shared by the units or individuals who have completed the cooperation. After the application is approved, the applicant unit or individual becomes the patentee.