The rights of the patentee include two aspects: patent personal rights and patent property rights.
(1) Patent personal rights
Patent personal rights mainly refer to the right of patent inventors and designers to state that they are the inventor or designer of the patent in the patent document, that is, to sign The right of signature does not disappear due to the transfer of patent property rights. In addition, there is also the right to modify patent documents.
Patent property rights
(2) Patent property rights mainly include the following three aspects:
1. Exclusive rights. It means that only the patentee has the right to manufacture, use and sell his invention and creation, and has exclusive rights to the patent. No natural person, legal person or other organization is allowed to use, manufacture or sell patented products without permission and without paying remuneration;
2. Permission. That is, the right to license others to exploit its patent.
The "Patent Law of the People's Republic of China" stipulates that "any unit or individual that exploits another person's patent shall enter into a written license contract with the patentee and pay patent royalties to the patentee." The licensor has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
However, if the invention patent of a state-owned enterprise or institution is of great significance to national interests or public interests, the relevant competent authorities of the State Council shall do so. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, upon approval by the State Council, decide to promote the application within the scope of the approval and allow implementation by designated units, and the implementation units shall pay remuneration to the patent holders in accordance with national regulations. If it is of great significance to national interests or public interests and needs to be promoted, the above-mentioned methods may also be implemented.
Patents that are compulsorily licensed by the patent administration department of the State Council do not need to obtain the patent owner's permission. However, the user shall pay remuneration.
3. Right to transfer. The right to apply for a patent and the patent right can be transferred. The Patent Law of the People's Republic of China stipulates: "The right to apply for a patent and the patent right can be transferred. "However, the transfer must be signed in writing and registered. The transfer contract will not take effect until it is announced.