Characteristics of patent right

(1) exclusive. Exclusivity is also called monopoly or exclusivity.

(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.

(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.

Right refers to the exclusive right to use the invention within a specific period granted by the patent administration department of the State Council. During this period, no natural person, legal person or other organization may carry out his invention and creation without his permission.

: What are the behaviors that are not regarded as patent infringement?

1. After the patented product manufactured or imported by the patentee or the product directly obtained by the patented method is sold, the patentee uses, promises to sell or sells the product.

2. Having manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope.

3. Foreign means of transport passing through China's territorial waters and airspace temporarily use the relevant patents in their devices and equipment for their own needs according to the agreement signed between their countries and China or the international treaties to which * * * is a party, or according to the principle of reciprocity.

4. Related patents used exclusively for scientific research and experiments.

Legal basis: Paragraph 1 of Article 11 of the Patent Law stipulates that after the patent right for invention and utility model is granted, no unit or individual may exploit the patent without the permission of the patentee, except as otherwise provided in this Law.