Non-profit implementation: using related patents exclusively for scientific research and experiments does not constitute patent infringement. Its essence is that this kind of implementation behavior is not for the purpose of production and operation, and there is no competitive relationship with the patentee, so it will not infringe the market interests of the patentee.
Specific rights of patentees in China
1, exclusive execution right. The patentee's exclusive right to exploit the patent includes two aspects: first, the patentee himself enjoys the privilege to exploit the patent; Secondly, the patentee has the right to prohibit others from exploiting his patent without authorization.
2. License enforcement right. Licensing right refers to the right of the patentee to license others to exploit his patent and collect royalties by implementing a licensing contract. There are three forms of patent license contract: general license contract, exclusive license contract and exclusive license contract. Through different contract forms, the patentee can reasonably control the licensee to varying degrees.
3. Ordinary exploitation license means that the patentee can exploit his patent by himself and license many people to exploit it at the same place and time; Exclusive exploitation license means that the patentee allows the licensee to exploit the patent exclusively within the time and geographical scope agreed in the contract, so as to exclude everyone including the patentee from exploiting the patent.
4. Turn right. Patents are transferable. The parties to the patent right transfer shall sign a written contract, which shall be registered and announced by the patent administrative department of the State Council, and the patent right transfer shall take effect from the date of registration. Any unit or individual within China who transfers a patent to a foreigner must obtain the approval of the relevant competent department of the State Council. The patent right can only be transferred in its entirety.
5. Patent transfer is different from licensing. The latter transfers the right to use the patent, while the former transfers the ownership of the patent. When the transferor loses the ownership of the patent, the transferee is called the new patentee.
6. Mark to the right. The patentee has the right to indicate the patent mark and patent number on his patented product or product package.