1. usufructuary right is an exclusive right. Once the legal protection period is exceeded, it will no longer be protected by law.
2. The exclusive right is the exclusive right enjoyed by the obligee to a certain right, which can prohibit others from using it;
3. Exclusive right is the right expression form of patent right, but exclusive right is not limited to the patent field, and it has the characteristics of exclusive right in trademark right and enterprise name right.
What rights does the patentee have?
1, patent enforcement right, implementation in the sense of patent law. For the invention or utility model patent, it includes five acts: manufacturing, using, promising to sell, selling and importing;
2. The right to allow other units and individuals to exploit their patents is called "licensing right" in the patent law;
3. The right to prohibit other units or individuals from exploiting their patents. After the patent right is granted, the patentee has the right to prohibit any unit or individual from exploiting the patent, except as otherwise provided by law. This right embodies the exclusiveness of patent right and is the most important aspect of patent right;
4, the right to request protection, when the patent right is infringed, the patentee has the right to request the patent management authority to deal with it, or directly to the people's court;
5. The right to transfer its patent;
6. The right to give up its patent;
7. The right to indicate the patent mark and patent number on the patented product or product package.
The relationship between patent right and automatic acquisition;
1. The patent right cannot be obtained automatically. Even if the invention or utility model is novel, creative and practical, it must fulfill the patent application procedures stipulated in the Patent Law and submit the necessary application documents to the State Patent Office. After legal examination and approval procedures, the final examination is whether to grant the patent right.
To sum up, exclusive right is the right expression of patent right, but exclusive right is not limited to the patent field, and it has the characteristics of exclusive right in trademark right and enterprise name right.
Legal basis:
Article 11 of the Patent Law of People's Republic of China (PRC)
After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.