(1) exclusivity. That is, anyone other than the patentee must obtain the permission of the patentee and pay the royalties according to the agreement of both parties, otherwise it will constitute infringement;
(2) timeliness. The term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 year;
(3) regionality.
legal ground
Article 11 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.
Article 42
The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.