Patent refers to exclusive rights and interests. Patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. In China, there are three kinds of patents: inventions, utility models and designs. China National Intellectual Property Administration, the People's Republic of China, is the directly affiliated institution in charge of national patent work and overall coordination of foreign-related intellectual property affairs in the State Council.
The meaning of patent has the following two kinds:
1, the use of spoken language only refers to "exclusive possession".
2. There are three confusing meanings in intellectual property rights, including the following:
(1) patent right refers to the patent right enjoyed by the patentee, that is, the state grants the patentee 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.
(2) refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on an open basis. The "patent" here refers to the technology or scheme protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. ) A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country.
(3) refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the contents of the invention-creation, and refers to the specific material document.
Article 3 of the Patent Law of People's Republic of China (PRC) * * * The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.