Patent right means that the patentee is within the time limit prescribed by law.

Patent right refers to the right of exclusive use, license and transfer enjoyed by the patent owner or other obligee for a specific invention and creation within a certain period of time, which belongs to a kind of intellectual property right in China. No application, no patent right.

legal ground

Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

Blind inventions mentioned in this Law refer to inventions, utility models and designs.

Article 22

Inventions and utility models granted patent rights should be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

The term "existing technology" as mentioned in these Measures refers to the technology known to the public at home and abroad before the date of application.