Patent right refers to the exclusive right granted by the state to the inventor or designer within a certain period of time in accordance with legal procedures on the premise that the content of the invention is open to the public and the invention has legal interests to the society. Patent belongs to a kind of intellectual property, so it also has the characteristics of intellectual property.
The subject of patent right, that is, the patentee, refers to the person who enjoys the rights stipulated in the patent law and undertakes the corresponding obligations at the same time. In China, both natural persons and units can apply for or obtain patents and become the subject of patent rights. It should be noted that the subject of the patent right is not equal to the inventor or applicant of the patent.
The patentee of a cooperative invention is usually the unit or individual who has completed the patented invention. Co-invention, also known as * * * simultaneous invention, refers to the invention and creation completed by more than two units or individuals. Unless otherwise agreed in the agreement, the right to apply for a patent shall be enjoyed by the unit or individual who has completed the cooperation. After the application is approved, the applicant unit or individual shall be the patentee.
The patentee of the commissioned invention is usually the unit or individual who has completed the patented invention. Entrusted invention refers to an invention created by one unit or individual under the entrustment of other units or individuals. The right to apply for a patent shall be enjoyed by the client who has made creative contributions to the substantive characteristics of the invention-creation. After the application is approved, the client of the application is the patentee.
Characteristics of patent right:
1. Timeliness means that the exclusive right of the patentee is valid only within the legal time. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to the invention-creation, and the invention-creation originally protected by law becomes social public wealth that any unit or individual can use for free.
2. Regionality means that the patent right is generally valid only in the granted country, and in principle it is not recognized and protected in other countries.
3. Intangible, also called immateriality, means that the object of patent right is intellectual achievement, which has no material form and cannot be actually possessed by people objectively.
Exclusivity means that, unless otherwise stipulated in the patent law, no unit or individual may exploit its patent without the permission of the patentee. Exclusivity is also called "exclusivity" or "monopoly"