Individual patent right
The personal right of patent mainly means that the inventor and designer of a patent have the right to declare that they are the inventor or designer of the patent in the patent literature, that is, the right of signature, which does not disappear because of the transfer of patent property rights. In addition, there is the right to modify patent documents.
Patent property right
Patent property rights mainly include the following three aspects:
1, exclusive right. It means that only the patentee has the right to manufacture, use and sell his invention and creation, and enjoys the exclusive right to obtain a patent, and any natural person, legal person or other organization has to pay remuneration to obtain the license to use, manufacture and sell the patented product;
2. permission. Refers to the patentee conditionally allowing others to use his patented technology. Specifically, the patentee (licensor) allows others (licensee) to use all or part of the patented invention-creation technology under certain conditions by signing a contract.
For example, after a design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, sell or import its patented products for production and business purposes.
The Patent Law of People's Republic of China (PRC) stipulates that "any unit or individual who exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. "
However, if the invention patents of state-owned enterprises and institutions are of great significance to the national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, with the approval of the State Council, decide to popularize and apply them within the approved scope, allowing designated units to implement them, and the implementing units shall pay remuneration to the patentee in accordance with state regulations.
Invention patents of collectively owned units and individuals are of great significance to national interests or public interests, and if they need to be popularized, they can also be implemented with reference to the above measures.
The patent administrative department of the State Council does not need the patentee's license to implement the compulsory license, but the user shall pay the remuneration.
3. Turn right. Article 10 of the Patent Law of People's Republic of China (PRC) stipulates: "The right to apply for a patent and the patent right can be transferred."
The right to apply for a patent and the patent right can be sold, donated, mortgaged, or invested at a fixed price. Inheritance and transfer are due to legal reasons. When the patentee (natural person) dies, the patent right is transferred to the person who enjoys the right of inheritance according to the inheritance law. According to the provisions of the patent law, the transfer shall follow the following procedures:
The parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration;
Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
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