2.2 rights. The patentee of ABCD includes: 1. Exclusive right; The patentee has the exclusive right to his patent. Without the permission of the patentee, no one may exploit his patent, that is, he may not manufacture, use or sell his patented product or use his patented method for production and business purposes.
2. License enforcement right; The patentee has the right to license anyone to exploit his patent, and this license must be obtained by concluding a license contract and paying royalties to the patentee; However, the licensee has no right to allow anyone other than those stipulated in the contract to exploit the patent.
3. Right of transfer; The patentee has the right to transfer his patent right; The transfer of patent rights must conclude a written contract, which will take effect after being registered and announced by the Patent Office.
4. the right to mark; China National Intellectual Property Administration stipulates that from July 1 day, 2003, the patent mark and patent number shall indicate the patent category, such as China invention patent, China utility model patent and China design patent, and indicate the authorized patent number. The patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product.
5. Right to abstain; The patentee has the right to give up his patent right by submitting a written application to the Patent Office or not paying the annual fee; After the patent right is abandoned, its patented technology becomes the wealth of the whole society, and anyone can use it for free.
6. Right to request protection; When the patentee uses his patented technology without the permission of the patentee, the patentee has the right to request the patent management authority to handle it or bring a lawsuit directly to the people's court to obtain legal protection, and the patentee has the right to request the infringer to stop the infringement and compensate the economic losses.
Patent inventors have the right to obtain the right of authorship and the right to receive awards and remuneration.
3.ABC 1。 An inventor or designer has the right to declare himself as an inventor or designer in the patent document.
2. The entity that has been granted the patent right shall reward the inventor or designer of the service invention-creation. After the implementation of a patent for invention-creation, the entity granted the patent right shall give the inventor or designer reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.
4. type 4.AB blood
China's patent law stipulates four patent application principles:
(1) The principle of written application means that the applicant must go through various prescribed procedures in order to obtain the patent right in written form according to law.
(2) The principle of one invention and one application means that an application for a patent for an invention or utility model should be limited to one invention or utility model, and an application for a design should be limited to the design used by a product.
(3) The principle of first application means that if two or more applicants apply for a patent for the same invention-creation, the patent right will be granted to the first applicant.
(4) The priority principle is one of the basic principles of the Paris Convention for the Protection of Industrial Property. According to the Paris Convention, if an applicant files a patent application for an invention-creation with the same content in any member country of the Paris Convention, the filing date of his first application can be used as the filing date of his subsequent application.
5。 ABC (1) was exhibited for the first time in an international exhibition sponsored or recognized by China Municipal Government;
(2) It was first published at a specified academic or technical conference;
(3) Others disclose the contents of the application without the consent of the applicant.
6。 BD (1) plagiarizes other people's works; ?
(2) reproducing and distributing his works for profit without the permission of the copyright owner; ?
(3) publishing books with exclusive publishing rights enjoyed by others; ?
(four) without the permission of the performer, recording and publishing his performance; ?
(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him; ?
(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations; ?
(seven) the production and sale of counterfeit works of art..
7。 If the invention patent of state-owned enterprises and institutions of the Agricultural Bank of China is of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay royalties to the patentee in accordance with state regulations. "
Invention patents of collectively owned units and individuals in China are of great significance to national interests or public interests, and need to be popularized and applied, with reference to the provisions of the preceding paragraph.
8。 Direct violation of BCD. ?
(1) the act of manufacturing patented products of inventions, utility models and designs; ?
(2) the act of using patented products of inventions and utility models; ?
(3) promising to sell patented products of inventions and utility models; ?
(4) the act of selling patented products of inventions, utility models or designs; ?
(5) the act of importing patented products of inventions, utility models and designs; ?
⑥ Use patented methods and use, promise to sell, sell and import products directly obtained according to patented methods;
⑦ The act of counterfeiting other people's patents. ?
For the purpose of production and operation, using or selling a product that is not known to be patented and manufactured and sold without the permission of the patentee or a product that is directly obtained according to the patented method, which can prove the legal source of the product, is still a patent infringement, and it is necessary to stop the infringement but not bear the liability for compensation. ?
(2) Indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of the patent right, but he has induced, encouraged, abetted and helped others to infringe the patent right. The common manifestations are: the actor sells parts of patented products, molds specially used for implementing patented products or mechanical equipment used for implementing patented methods; An act in which an actor transfers his patented technology without the authorization or entrustment of the patentee. ?
9。 Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation.
10。 There are three restrictions on the copyright of Agricultural Bank of China: first, restrictions on the scope of rights exercise; The second is the restriction on the time limit for exercising copyright; Third, the geographical restrictions of copyright.
1 1。 AB Obligations of the patentee: Before the patent right is granted, the patentee shall pay the patent application fee and agency fee; During the period of validity of granting the patent right, the patentee has the obligation to pay the annual fee (also called maintenance fee) on schedule; Implementing patented technology is an important obligation of the patentee.
12。 Applicants for ABCD patents include units and individuals.
13.ABD ① The patent right is terminated due to the expiration of the term;
(2) The patent right is terminated due to failure to pay the patent certificate fee; 、
③ The patentee fails to pay the annual fee as required, which leads to the termination of the patent right;
(4) The patentee gives up his life in writing and the patent right is terminated.
14.BC For inventions and creations jointly completed by two or more units or individuals, as well as inventions and creations entrusted by one unit or individual to other units or individuals, after the application is approved, both parties may apply for a patent for the completed inventions and creations and the ownership of the patent right. If there is no agreement between the two parties on the right to apply for a patent for an invention-creation and the ownership of the patent right after the application is approved, the right to apply for a patent for an invention-creation and the patent right after the application is approved shall be owned by the unit or individual that has completed or completed it.
15。 Accelerated business collection and delivery system (adopted by the United States post office)
The subject matter of a patent does not conform to the definition of a patent (Rule 2).
2. The theme of the patent violates the national laws and social morality.
Or harm the public interest (Law 5)
3. The subject of the patent does not belong to the scope of patentability.
Scope (Article 25 Law)
4, the theme of the invention and utility model patent does not have three.
Gender, design patent theme and existing appearance
Same or similar design, or with others.
Conflicts of prior rights (Laws 22 and 23)
5, the invention and utility model patent specification is not fully disclosed.
Point (Law 26-3)
6. The claim is unclear, not concise or lacking.
Necessary technical features (detailed rules 20- 1, 2 1-2)
7. The claim is not based on the specification (Law 26-4).
8. Modification beyond the scope of the original application (Law 33)
9. Duplicate authorization (Law 9, detailed rules 13- 1)