The difference between patent right and patent application right
Related to patent rights are "patent application right" and "rights in patent application cases". These two rights are not patent rights, but belong to two rights involved in patent law.
The so-called patent application right refers to who has the right to apply for a patent for an invention. Once shenqing applied for a patent, this right was exhausted and no longer existed. The only exception is that the patent application is rejected before publication, and the patent applicant can file a new patent application after revision. Of course, the right to apply for a patent is also transferable.
The so-called "rights in patent application" refers to the rights enjoyed by the patent applicant after filing a patent application and before the patent is granted.
Article 13 of the patent law stipulates: "After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee." This is one of the "rights in patent application".
The patent law only puts forward the right to apply for a patent, but does not put forward the "right in patent application", which actually confuses the two.
As far as its nature is concerned, the right to apply for a patent should belong to the right of formation, which can also be called "the right to change" or "the right to ability", that is, the right to establish, change, eliminate or produce other legal effects according to the meaning of the obligee. The right to apply for a patent may be established according to the wishes of the patent applicant. By exercising this right, an invention can be turned into an invention protected by a patent, and then it may become an invention protected by a patent. The patent applicant becomes the obligee in the patent application, and then it may become the patentee.
As far as the nature of rights is concerned, the right in patent application should belong to a kind of expectation right, also known as "expectation right", that is, the right recognized and protected by law and possibly realized in the future. The right of expectation essentially reflects the possibility of obtaining certain rights after meeting certain conditions in the future, and it is a transitional form of rights that are in the process of being formed but not yet formed. The right in a patent application can be converted into a patent right, and the key lies in the examination and approval of the patent application by the patent office, and the right in the patent application can also be transferred.
In terms of its nature, patent right should belong to a kind of domination, that is, the right to directly dominate the subject matter of the right within the scope prescribed by law, that is, the right to dispose of the same subject matter in various forms such as possession, use and disposal.
To sum up, it is not difficult to see the difference between the right to apply for a patent, the right in a patent application and the patent right.
Related knowledge about the difference between patent right and patent application right. Actually, the right to apply for a patent is the right to apply for a patent. Except that the patentee obtains a patent under the condition of transfer, most patentees must have the right to apply for a patent. At the same time, it should be noted that the patent application right is transferable. If you have other patent-related questions, please consult a professional intellectual property consultant.