Rights of the patentee:
1. Exclusive execution right. It refers to the wandering right of the patentee to carry out his patented invention-creation according to law, that is, unless otherwise specified by law, no unit or individual may carry out his patent without the permission of the patentee, that is, he may not manufacture, use or sell his patented products for production and business purposes, use his methods or manufacture or sell his patented products for design.
The exclusive right to use is the most basic right of the patentee, including exclusive manufacturing right, exclusive use right and exclusive sales right.
(1) The exclusive manufacturing reward refers to the right of the patentee to actually manufacture the products specified in the claim at any place in China by any method.
(2) The exclusive right to use refers to the right of the patentee to use the product in production practice according to its technical performance.
(3) The exclusive right to sell refers to the exclusive right of the patentee to transfer the ownership of the products mentioned in the claim for compensation.
2. permission. Licensing right refers to the right of the patentee to license others to exploit his patented invention and creation and get remuneration. Usually, the licensing right is realized by the patentee signing a licensing contract with the unit or individual willing to implement his invention and manufacture. Patent law gives the patentee the right to license, on the one hand, because in today's rapid development of science and technology, in many cases, the patentee implements his own inventions more, faster and better; On the other hand, the licensing right means that the property right of the patentee is implemented in time. The licensing contract signed by the patentee and the licensee is as follows:
(1) An exclusive license contract is a license contract in which the licensor gives the licensee the exclusive right to use the patented technology within a specified period and area.
(2) An exclusive license contract means that the licensee has the right to exploit the patented invention-creation of the patentee within the prescribed time limit and area as agreed, while the licensor still has the right to use the invention-creation or conclude an exclusive license contract with others.
3. The right to prohibit others from exploiting their patents. It means that the patentee has the right to prohibit others from manufacturing, using, selling or importing the patented product without his permission, from using the patented method and using, selling or importing the products directly produced by the patented method without permission, or from manufacturing, small-scale or importing the patented product of design without permission.
4. The right to transfer its patent. The transfer of patent right is the right given to the patentee by law. Article 10 of the Patent Law stipulates that the patent right can be transferred, and the parties must conclude a written contract, which will take effect after being registered and announced by the Patent Office. The transfer can be paid or unpaid; Can be transferred in whole or in part. In addition, paragraphs 2 and 3 of Article 10 of the Patent Law also impose certain restrictions on the transfer of patent rights. First, the transfer of patent application rights or patent rights by units owned by the whole people must be approved by higher authorities; Second, the transfer of the right to apply for a patent or the patent right to a foreigner by a unit or individual in China must be approved by the relevant competent department of the State Council.
5, the right to give up the patent. Waiver of patent right means that the patentee gives up the exclusive right to exploit his patented invention. In other words, the patent right of an invention is within the legal protection period. The obligee no longer claims his exclusive right through action or omission.
According to the provisions of the patent law, there are two ways for the patentee to give up the patent right:
First, if you don't pay the annual patent fee in accordance with the regulations, you will automatically give up the patent right;
The second is to announce the abandonment of the patent right in the form of a written statement. Although giving up the patent right is a right of the patentee, it is not arbitrary for the patentee to exercise his rights according to the patent law. Where the patentee is owned by two or more persons, neither party has the right to declare abandonment without the unanimous consent of * * *; The obligee must sign a license agreement with others, give up the patent right within the validity period, and obtain the consent of the licensee, or compensate the licensee for all the losses caused by it.
6. The patentee's right to request legal protection. The core of the patent system is to protect the patent right.
In order to protect the legitimate rights and interests of the patentee, Article 60 of the Patent Law stipulates that the patentee may, without the permission of the patentee, request the patent administrative organ to handle his patent infringement, or directly bring a lawsuit to the people's court. When dealing with it, the patent administration authorities have the right to order the infringer to stop the infringement and compensate for the losses; If a party refuses to accept the notice, he may bring a lawsuit to the people's court within three months from the date of receiving the notice. If neither prosecution nor performance is made at the expiration of the time limit, the patent administration organ may request the people's court for compulsory execution.