1. Exclusive right of exploitation
Exclusive right of exploitation includes two aspects:
(1) The patentee's right to exploit his own patent, that is, the patentee's exclusive right to manufacture, use, sell or allow to sell his patented product according to law, or the patentee's exclusive right to use his patented method according to law and the exclusive right to use and sell the product directly obtained according to the patented method;
(2) The patentee prohibits others from exploiting his patent. Except as otherwise provided in the Patent Law, the patentee of an invention or utility model has the right to prohibit any unit or individual from exploiting its patent without its permission, that is, to manufacture, use, sell, allow to sell or import its patented product for production and business purposes, or to use its patented method and use, sell, allow to sell or import products directly obtained according to the patented method; The patentee of a design has the right to prohibit any unit or individual from exploiting its patent without its permission, that is, to manufacture, sell or import its patented product for the purpose of production and operation.
2. Transfer right
refers to the right of the patentee to transfer the patent ownership he has obtained to others. 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.
3. License enforcement right
License enforcement right refers to the right of the patentee to license others to exploit his patent and collect royalties by implementing a license contract.
4. The right to mark
The right to mark means that the patentee has the right to decide whether to mark the patent mark and patent number on his patented product or the packaging of the product.
5. Right to request protection
The right to request protection is the right of the patentee to bring a lawsuit to the people's court or request the patent administration department to handle it to protect his patent right when he thinks that his patent right has been infringed. The protection of patent right is the core of the patent system. If others exploit their patents without the permission of the patentee, which infringes the patent right and causes disputes, the patentee may directly file a lawsuit with the people's court or request the administrative department for patent affairs to handle it.
6. Waiver Right
At any time before the expiration of the patent protection period, the patentee may declare in writing or automatically waive his patent right by not paying the annual fee. The patent law stipulates that "if the patentee renounces his patent right in writing", the patent right shall be terminated before the expiration of the time limit. After the patentee renounces his patent right, his patent right can be terminated as soon as it is registered and announced by the patent administrative department of the State Council.
when giving up the patent right, you should pay attention to the following: a. When the patent right is owned by more than two units or individuals, it must be agreed by all the patentees before giving up; B, the patentee has signed a patent licensing contract with others to license others to exploit its patent, when giving up the patent right, it shall obtain the consent of the licensee in advance, and compensate the licensee for the losses caused by it according to the contract, otherwise the patentee shall not give up the patent right at will.
7. Pledge right
According to the guarantee law, the patentee also has the right to pledge the property rights in his patent right.