Patent right belongs to property right and intellectual property right, which is the exclusive right to implement a specific invention and creation within a certain period of time. The contents of the patent right include: (1) After the patent right for invention, utility model and design is granted, no unit or individual may exploit the patent without the permission of the patentee, unless otherwise provided by the Patent Law. (2) The patentee may license others to exploit his patented technology and collect royalties. Where another person is licensed to exploit a patent, the parties concerned shall conclude a written contract. (3) The patent right can be transferred. Where the patent right is transferred, the parties concerned shall conclude a written contract, which shall be registered by the patent administration department of the State Council and announced by the patent administration department of the State Council, and the transfer of the patent right shall take effect from the date of registration. Where a unit or individual in China transfers a patent right to a foreigner, it must be approved by the relevant competent department in the State Council. (4) The patentee has the right to indicate the patent mark and patent number on his patented product or the package of the product. As for the duration of patent protection, the duration of invention patent right is 20 years, and the duration of utility model patent right and design patent right is 10 years, counting from the date of application. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right.
Legal objectivity:
Article 10 of the Patent Law The right to apply for a patent and the patent right may be transferred. Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes. Article 12 Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.