The modern patent system came into being in the first half of17th century. A hundred years later? Patent specification? System; More than 100 years later, it emerged from the need of the court to deal with infringement disputes? Claim? System. 2 1 century, intellectual property rights are closely related to human life and are everywhere. We can see its important role in business competition. Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer's name and country of origin, as well as the right to new plant varieties and the exclusive right to layout design of integrated circuits.
The so-called patent right is the exclusive right granted by China National Intellectual Property Administration to the applicant to exploit his invention and creation according to the patent law. After an invention is completed, various complicated social relations will often arise, among which the most important ones are who should own the invention, the scope of rights and how to use it. Inventions without patent protection are difficult to solve these problems, and anyone can use the invention after it is leaked. After an invention is granted a patent right, the patent law protects the patent right from infringement. Unless otherwise stipulated by law, anyone who wants to exploit a patent must obtain the permission of the patentee and pay the royalties according to the agreement of both parties, otherwise it is infringement.
The patentee has the right to ask the infringer to stop the infringement. If the patentee suffers economic losses due to infringement of the patent right, he may also claim compensation from the infringer. If the other party refuses, the patentee has the right to request the administrative department for patent affairs to handle it or bring a lawsuit to the people's court. Patent right is a kind of intellectual property right, which is different from tangible property right and has time and geographical restrictions. Patents are only valid for a certain period of time and will no longer exist after the expiration. The invention it protects has become the common wealth of the whole society, and anyone can use it freely. The term of validity of the patent right is stipulated by the patent law. The geographical restriction of patent right refers to the patent right granted by a country, which is only valid within the legal jurisdiction of the granting country and has no legal binding force on other countries.