Term of patent right

The term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right.

patent

Patent right, referred to as "patent" for short, is a kind of intellectual property right, which is the exclusive right of the inventor or his assignee to exploit a specific invention within a certain period of time. China promulgated the Patent Law on 1984, and the detailed rules for its implementation on 1985, which made specific provisions on related matters.

Patent right means that the patentee enjoys the exclusive right to use, benefit and dispose of his invention and creation within the scope prescribed by law, and excludes the interference of others. Patent right has timeliness, regionality and legal certainty.

Legal characteristics of patent right:

1, patent right is the right of two kinds of rights, both personal rights and property rights.

2. The patent right is granted by the Patent Office.

3. The patent right is based on the disclosure of the invention.

4. The patent right can be used. If the patentee fails to exploit or does not permit others to exploit his patent, the relevant departments will take compulsory licensing measures to make full use of the patent. ?

Scope of patent protection

The scope of protection of the patent right for invention or utility model shall be subject to the content of its claim, and the description and drawings can be used to explain its claim. It means that the scope of protection of the patent right shall be determined by the necessary technical features clearly recorded in the claims, including the scope determined by the features equivalent to the necessary technical features.

Equivalent features refer to features that basically achieve the same functions and effects as the recorded technical features by basically the same means, and can be associated by ordinary technicians in the field without creative labor.

The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. The protection scope of the patent right of design depends on two aspects: one is the design expressed by pictures or photographs; The second is the product range used by the design specified when the patent is granted. Determining whether the designs are the same or similar should be based on similar products.

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patent