(1) Exclusivity. It means that patent right is an intangible property right with exclusive nature. Anyone who wants to implement the patent must obtain the permission of the patentee and pay royalties according to the agreement between the parties, otherwise it will constitute infringement, unless otherwise provided by law. (2) Temporality. It means that the patent right is only valid within the authorization period. After the expiration or termination of the period, the invention becomes the common wealth of the whole society and anyone can freely use it. The term of the patent right is stipulated by the patent law.
Legal Basis
Article 42 of the Patent Law
stipulates: “The term of invention patent rights is 20 years, and the term of utility model and design patent rights is 20 years. The period is 10 years, calculated from the date of application. ”