Rights of patentee
(1) After the patent right for an invention or utility model with exclusive exploitation right is granted, unless otherwise stipulated in the Patent Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. Therefore, the exclusive rights of product invention patentees and utility model patentees specifically include the right to manufacture, use, promise to sell, sell and import patented products; The exclusive right of use enjoyed by the invention patentee refers not only to the exclusive right of use of the patented method, but also to the right of use, promised sale, sale and import of the product directly obtained according to the patented method. Sales commitment here refers to the intention to sell goods through advertisements, window displays or trade fairs.
After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import its patented products for production and business purposes. It can be seen that the content of the exclusive right to implement the design patent includes the right to manufacture, the right to sell and the right to import the design patented product.
(b) licensing rights
It means that the patentee can license others to exploit his patented technology and collect royalties. Where another person is licensed to exploit a patent, the parties concerned shall conclude a written contract.
(3) Right of transfer
The patent right can be transferred. Where a patent right is assigned, 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 patent right shall take effect from the date of registration. Where a unit or individual in China transfers a patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
(4) Marking right
It means that the patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product.
It can be seen that the rights mentioned in the title are all included in the above rights. If the patentee does not have the above rights, what is the significance of obtaining a patent?