Patent right is the exclusive right to exploit a specific invention and creation within a certain period of time, and it is a kind of intellectual property right.
Patent right means that the patentee enjoys the exclusive right to use, benefit and dispose of his invention and creation within the scope prescribed by law, and excludes the interference of others. Patent right has timeliness, regionality and exclusiveness. In addition, the patent right also has the following legal characteristics:
1, patent right is the right of two kinds of rights, both personal rights and property rights;
2. The patent right is granted by the Patent Office;
3. The occurrence of patent right is based on the disclosure of invention achievements;
4. The patent right can be used. If the patentee fails to exploit or does not permit others to exploit his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.
The nature of patent right is mainly reflected in exclusivity, timeliness and regionality, and the specific provisions are as follows:
1, exclusivity, also known as exclusivity or exclusivity. The patentee has exclusive or exclusive rights to the patent he owns, and no one may use it without his permission or under special circumstances stipulated by law, otherwise it will constitute infringement;
2. Timeliness means that the protection of the patentee by law is not indefinite, but limited. After this period, it will no longer be protected, and the patent right will immediately become the wealth of mankind and anyone can use it;
3. Regionality means that any patent right can only be produced in a certain area and protected by law. This is another important legal feature different from tangible property.
Article 8 of the Patent Law of People's Republic of China (PRC) * * * An invention-creation completed by two or more units or individuals in cooperation, or an invention-creation entrusted by one unit or individual to another unit or individual, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual that completed it or jointly completed it; After the application is approved, the applicant unit or individual shall be the patentee.