The patent right is the exclusive right granted to the patentee by the patent administrative department of the State Council in accordance with the law and legal procedures. It is an intangible property right. Compared with tangible property, it has the following main characteristics.
(1) exclusive. Exclusivity is also called monopoly or exclusivity. Patent right is the exclusive right granted to the applicant or his legal assignee by the competent government department according to the application of the inventor or applicant that his invention meets the conditions stipulated in the patent law. It belongs exclusively to the obligee, and the patentee has the right to possess, use, benefit and dispose of its right object (i.e. invention and creation).
(2) timeliness. The so-called temporality of patent right means that the patent right has a certain term, that is, the protection period stipulated by law. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. Article 42 of China's Patent Law stipulates: "The term of patent right for invention is 20 years, and the term of patent right for utility model and design is 10 years, all of which are counted from the date of application."
(3) It is regional. The so-called regionality is the space limitation of patent right. It means that the patents granted and protected by a country or region are only valid within the scope of that country or region, but have no legal effect on other countries and regions, and their patent rights are not confirmed and protected. If the patentee wishes to enjoy the patent right in other countries, he must file another patent application according to the laws of other countries. No country will recognize the patent rights granted by other countries or international intellectual property agencies unless it joins international treaties and bilateral agreements.
legal ground
People's Republic of China (PRC) Civil Code
Article 176 A civil subject shall perform civil obligations and bear civil liabilities in accordance with the provisions of the law or the agreement of the parties.
Article 177 Where two or more persons are liable according to law and can determine the magnitude of their liabilities, they shall each bear corresponding liabilities; It is difficult to determine the size of the responsibility and share the responsibility equally.
Article 178 Where two or more persons are jointly and severally liable according to law, the creditor has the right to request some or all of the jointly and severally liable persons to bear the liability.
The share of responsibility of the jointly and severally liable persons shall be determined according to their respective responsibilities; It is difficult to determine the size of the responsibility and share the responsibility equally. The jointly and severally liable persons who actually assume the liability exceeding their share have the right to recover from other jointly and severally liable persons.
Joint liability is stipulated by law or agreed by the parties.