Is the invention patent right within the scope of administrative license?

Invention patent right is an administrative license. According to the relevant laws and regulations, administrative license refers to the act that the administrative organ authorizes the parties to engage in specific activities according to their applications. The invention patent right refers to the exclusive right granted by the state patent administration department to the patentee to exploit the invention and creation within a certain scope according to his application.

legal ground

Article 22 of the Administrative Licensing Law shall be implemented by the administrative organ with the power of administrative licensing within its statutory functions and powers. Article 34 of the Patent Law After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.