Documents issued by government agencies or regional organizations representing several countries in accordance with the application record the contents of inventions and creations, and in a certain period of time, a legal state arises, that is, the patented inventions and creations can generally only be implemented by others with the permission of the patentee.
The patent system aims to protect technology from infringement of exclusive rights, and any subject other than the obligee can only obtain the right to use the patent through the authorization of the patentee. With the continuous improvement of the legal system, the use of patents presents a diversified trend, and patents are invalid, revoked and expired. Only by fully understanding such a legal system can we make full use of patent resources and realize more economic value for enterprises.
The two basic characteristics of patent are "monopoly" and "openness", and the exchange of "openness" for "monopoly" is the most basic core of patent system, which represents two sides of rights and obligations respectively. "Exclusive right" refers to the exclusive right granted by law to the patentee for a period of time; "Openness" means that patent applicants make their technology public in exchange for the exclusive rights granted by law, so that the public can obtain relevant patent information through normal channels.
After an application for a patent is authorized, it is called an invalid patent because it exceeds the statutory protection period, or because the patentee fails to pay the annual patent fee in time, or any individual or unit requests to declare the patent invalid, and it is determined by the Patent Reexamination Board and declared invalid. Invalid patents are no longer binding on the use of the technology involved.
Article 6 of the Patent Law of People's Republic of China (PRC) refers to a service invention-creation made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.