(1) exclusive. Exclusivity is also called monopoly or exclusivity. Patent right is the exclusive right granted to the applicant or his legal assignee by the competent government department according to the application of the inventor or applicant that his invention meets the conditions stipulated in the patent law. It belongs exclusively to the obligee, and the patentee has the right to possess, use, benefit and dispose of its right object (i.e. invention and creation).
(2) timeliness. The so-called temporality of patent right means that the patent right has a certain term, that is, the protection period stipulated by law. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. Article 42 of China's Patent Law stipulates: "The term of patent right for invention is 20 years, and the term of patent right for utility model and design is 10 years, all of which are counted from the date of application."
(3) It is regional. The so-called regionality is the space limitation of patent right. It means that the patents granted and protected by a country or region are only valid within the scope of that country or region, but have no legal effect on other countries and regions, and their patent rights are not confirmed and protected. If the patentee wishes to enjoy the patent right in other countries, he must file another patent application according to the laws of other countries. No country will recognize the patent rights granted by other countries or international intellectual property agencies unless it joins international treaties and bilateral agreements.
Legal basis:
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed between that country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority.
Article 30 Where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.
Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.