The word "patent" comes from the Latin word litterae patents, which means public. It originally referred to a document stamped with the national seal that can be opened and read without opening it. A patentee granted a patent right by a patent certificate issued by the state has exclusive rights (also known as monopoly rights or exclusive rights) to the manufacture, use, and sale (some countries also include the import of the patented invention or design) within the period specified by law. ). Others must obtain the consent of the patentee to do the above-mentioned actions, otherwise it will be an infringement. Once the patent term expires, the patent right is extinguished. Anyone can use the invention or design free of charge.
It is generally believed that the purpose of the state’s promulgation and implementation of patent laws is to promote the active investment of market resources in a direction conducive to the continuous production of inventions and creations, and to promote the prosperity of economic industries. To this end, the state uses laws to The procedure gives the inventor monopoly rights within a certain period of time and requires him to disclose the content of the invention to the whole society. This will not only increase the willingness of market individuals to invent and create, but also promote the rapid accumulation and development of the overall technological level of society. Regarding this point, my country’s Patent Law describes the legislative purpose as: “In order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development, this law is enacted ."