Is the patent right automatically obtained? How to get a patent right?

Legal analysis: patent rights cannot be obtained automatically. To obtain a patent right, you must go through the patent application procedures stipulated in the Patent Law, submit the necessary application documents to the State Patent Office, and go through the legal examination and approval procedures before deciding whether to grant a patent right.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.

Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee.

Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.