What rights will the applicant get after the patent application is successful?
I. Patent right
(1) implementation permission
It means that the patentee can license others to exploit his patented technology and collect royalties. Where another person is licensed to exploit a patent, the parties concerned shall conclude a written contract.
(2) Marking right
It means that the patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product.
(3) Transfer right
The patent right can be transferred. Where a patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the patent right shall take effect from the date of registration. Where a unit or individual in China transfers a patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
Second, the effectiveness of the patent right
(1) After the patent right for inventions and utility models with exclusive exploitation rights is granted, unless otherwise provided by the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, or use the patented method or use, promise to sell, sell or import the product directly obtained according to the patented method. Therefore, the exclusive rights of product invention patentees and utility model patentees specifically include the right to manufacture, use, promise to sell, sell and import patented products. The exclusive right of use enjoyed by the invention patentee refers not only to the exclusive right of use of the patented method, but also to the right of use, promised sale, sale and import of the product directly obtained according to the patented method. Sales commitment here refers to the intention to sell goods through advertisements, window displays or trade fairs.
(2) After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell or import its patented products for production and business purposes. It can be seen that the content of the exclusive right to implement the design patent includes the right to manufacture, the right to sell and the right to import the design patented product.
Patent is an intangible asset. Inventors can resell patents to obtain funds and convert intangible assets into cash. The state protects the inventor's patent right. Without the consent of the patentee, no individual or company may infringe upon or use the patent achievements. Bajie Intellectual Property Trademark Transfer Network is committed to providing professional and efficient one-stop service for enterprises, helping you to quickly establish an enterprise foundation and enhance your business during the enterprise development period. Please log in for details.