1) exclusive right to use: refers to the exclusive right of the patentee to manufacture, sell or use his patented product or patented method according to law;
2) Import right: refers to the right of the patentee to prohibit others from importing patented products for commercial purposes without permission or authorization within the validity period of the patent right;
3) Transfer right: refers to the right of the patentee to transfer the patent ownership he has obtained to others;
4) Licensing right: refers to the right of the patentee to license others to exploit his patent and collect royalties by implementing a licensing contract;
5) Waiver right: refers to the right of the patentee to give up his patent right in writing or without paying the annual fee at any time before the expiration of the protection period; 6) Marking right: refers to the right of the patentee to mark the patent mark and patent number on the patented product or the packaging, container, instruction manual and product advertisement of the patented product.
I. Subject of patent right
The subject of the patent right, that is, the patentee, refers to the person who enjoys the patent right and assumes the corresponding obligations according to law. The main body of the patent right includes the following contents:
1, inventor
An inventor or designer refers to a person who has made creative contributions to the substantive features of invention and creation. In the process of completing the invention and creation, people who are only responsible for organizing the work, who provide convenience for the use of material and technical conditions, or who are engaged in other auxiliary work, such as testers, draftsmen, mechanical processors, etc. Are not inventors or designers. Among them, the inventor refers to the inventor of the invention; Designer refers to the person who has completed the utility model or design. Inventors or designers can only be natural persons, not units, collectives or research groups.
2. Invention is the result of intellectual labor. Invention is a factual act, not limited by the capacity for civil conduct. Therefore, no matter whether a person engaged in invention and creation has full capacity for civil conduct, as long as he has completed his own invention and creation, he should be recognized as an inventor or designer.
3. Inventors or designers include inventors or designers of non-service inventions and creations and inventors or designers of service inventions and creations. Non-service invention-creation refers to an invention-creation that is not completed by the unit, nor is it mainly accomplished by using the material and technical conditions provided by the unit. For non-service inventions, the right to apply for a patent belongs to the inventor or designer. No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation. After the application is approved, the inventor or designer shall be the patentee.
4. Where a non-service invention-creation is jointly completed by two or more inventors and designers, the person who completed the invention-creation is called a * * * co-inventor or a * * * co-designer. * * * The right to apply for a patent for an invention-creation and the patent right obtained shall be owned by * * *.