Minors, as patentees, enjoy the following rights:
1. The patentee's right to exploit his patent. That is, the patentee enjoys the exclusive right to manufacture, use, sell and import its patented products or use its patented methods, and no one else may exploit its patent without the permission of the patentee.
Second, the right to license others to exploit their patents. That is, the patentee has the right to sign a patent licensing contract with other units or individuals to license others to use their patented technology, so as to obtain patent royalties.
Third, the right to transfer its patent right. That is, the patentee has the right to transfer the ownership of his own patent to others. Once transferred, he loses the ownership of the patent and the assignee becomes the new patentee.
Fourth, the right to indicate the patent mark and patent number. That is, the patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product to inform others that the product has obtained a patent, and no one may infringe upon it.
5. Signature right. That is, the inventor or designer has the right to declare himself as an inventor or designer in the patent document.
In practice, the infringement of minors' patent rights is manifested in the following ways:
1. Implementing the patent right of others for the purpose of production and operation without the permission of the patentee. Including: (1) infringement of product patents, that is, manufacturing, using, selling and importing patented products; (2) Infringement of method patents means using patented methods or using, selling or importing products directly obtained by patented methods.
Second, counterfeiting other people's patents. That is, the non-patentee fraudulently adds the patent product mark or patent number of the patentee on his own product or packaging, impersonates a patented product for illegal sales for profit, or impersonates a non-patented method as a patented method.
3. The decision on compulsory licensing of patent exploitation and the decision on invalidation of patent right made by the patent administration organ are not in conformity with the provisions of the Patent Law.
Patent rights granted to minors in accordance with legal procedures stipulated in the Patent Law shall enjoy the protection of state administrative and judicial procedures within the time and scope stipulated by law.
First, administrative protection. Article 60 of the Patent Law stipulates: "The patentee or interested party may, without the permission of the patentee, request the patent administrative organ to handle its patent infringement, and when the patent administrative organ handles it, it has the right to order the infringer to stop the infringement and compensate the losses." Accordingly, when a minor's patent right is illegally infringed by others, he himself (a minor with full capacity for civil conduct) or his legal representative may request the patent management authority to handle the infringer's infringement on his behalf in order to obtain administrative protection.
Second, the protection of administrative litigation. Paragraph 2 of Article 49 of the Patent Law stipulates: "If the patentee of an invention refuses to accept the decision of the Patent Reexamination Board to declare the patent right for an invention invalid, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice."
Article 58 of the Patent Law stipulates: "If the patentee refuses to accept the decision of the Patent Office on compulsory license or the ruling on the termination of compulsory license fee, he may bring a lawsuit to the people's court within three months from the date of receiving the notice."
Through administrative litigation, minors' patent rights can get effective legal relief when they are infringed by the Patent Office and the Patent Reexamination Board.
Third, the protection of civil litigation. Article 60 of the Patent Law stipulates: "Without the permission of the patentee, the patentee or interested party may also bring a lawsuit directly to the people's court for patent infringement." If the court considers that the defendant's behavior constitutes patent infringement after examination, it shall order him to bear corresponding civil liabilities: stop the infringement, compensate the losses, confiscate the illegal income, apologize to the patentee, eliminate the influence, restore the patentee's reputation, etc.