What is the legal status of patent? Legal status includes: grant of patent right, patent application right, invalidation of patent right, termination of patent right, restoration of patent right, pledge, preservation and rescission of patent right, filing of patent license contract, compulsory license of patent implementation and change of patentee's name, nationality and address.
Patent legal status retrieval refers to patent timeliness and regional retrieval, which can be divided into patent validity retrieval and patent regional retrieval.
Extended data:
Legal meaning: patent is an invention protected by legal norms, which means that an invention-creation applies to the state examination and approval authority for a patent, and after being examined and approved according to law, the patent applicant is granted the exclusive right to enjoy the invention-creation within a specified time.
Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee according to law.
The patent right granted by a country according to its patent law is only valid within the jurisdiction of that country and is not binding on other countries. Foreign countries do not undertake the obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China.
The legal protection of patent right has timeliness. The term of invention patent right in China is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application.
The word "patent" comes from Latin "Litterae patentes", which means open letters or open documents, and is a proof used by medieval monarchs to grant certain privileges.
At present, there is no unified definition of the concept of "patent". One of the accepted and widely used sayings in China's patent textbooks is that patent is the abbreviation of patent right, which is a document issued by a patent institution according to an invention application. This document describes the content of the invention and produces a legal status.
In other words, patented inventions can only be used (including manufacturing, use, sales and import, etc.). ) is generally under the permission of the patentee, and the protection of the patent right is limited by time and region. China's patent law divides patents into three categories, namely, invention, utility model and design.
The two basic characteristics of patent are "monopoly" and "openness", and the exchange of "openness" for "monopoly" is the most basic core of patent system, which represents two sides of rights and obligations respectively.
"Proprietary" refers to the exclusive right granted by law to a technology inventor for a period of time; "Openness" means that the technical inventor makes his technology public in exchange for the exclusive right granted by law, so that the public can obtain the relevant information of patented technology through normal channels.
Baidu encyclopedia-patent