Patent right has three characteristics: 1 and exclusivity. It belongs exclusively to the obligee, and the patentee has the right to possess, use, benefit and dispose of it. 2. timeliness. There is a time limit for the protection of patents. The longest protection for general invention patents is 20 years, and the longest protection for appearance patents and utility models is 10 year. 3. regionality. Patent protection is only valid within the scope of a country or region.
1, exclusive. Exclusivity is also called monopoly or exclusivity. Patent right is the exclusive right granted to the applicant or his legal assignee by the competent government department according to the application of the inventor or applicant that his invention meets the conditions stipulated in the patent law. It belongs exclusively to the obligee, and the patentee has the right to possess, use, benefit and dispose of its right object.
2. timeliness. The so-called temporality of patent right means that patent right has a certain time limit. Article 42 of China's Patent Law stipulates: "The term of patent right for invention is 20 years, and the term of patent right for utility model and design is 10 years, all of which are counted from the date of application."
3. It is regional. The so-called regionality is the space limitation of patent right. It means that the patents granted and protected by a country or region are only valid within the scope of that country or region, but have no legal effect on other countries and regions, and their patent rights are not confirmed and protected. If the patentee wishes to enjoy the patent right in other countries, he must file another patent application according to the laws of other countries.
Patent rights are protected by law and are mainly divided into two categories, namely personal rights and property rights. To obtain a patent right, you must obtain authorization from the patent office. After the grant, if the patentee does not exploit the patent or does not permit others to exploit the patent, the relevant departments may take compulsory licensing measures to make full use of the applied patent.