The patentee is the owner and holder of the patent right. That is, when the patent application is approved, the patent applicant is granted the patent right. The patentee can be a unit or an individual. What rights does the patentee have: 1, the exclusive right of exploitation. The patentee's exclusive right to exploit the patent includes two aspects: first, the patentee himself enjoys the privilege of exploiting the patent, and the patentee has the right to prohibit others from exploiting his patent without authorization. 2. License enforcement right. Licensing right refers to the right of the patentee to license others to exploit his patent and collect royalties by implementing a licensing contract. There are three forms of patent license contract: general license contract, exclusive license contract and exclusive license contract. Through different contract forms, the patentee can reasonably control the licensee to varying degrees. Ordinary exploitation license means that the patentee can exploit his patent by himself and many people at the same place and time, and that the patentee allows the licensee to exploit the patent exclusively within the time and geographical scope agreed in the contract, thus excluding everyone including the patentee from exploiting the patent. His exploitation license means that the patentee only permits a licensee to exploit the patent within the time and geographical scope agreed in the contract, but the patentee has the right to exploit the patent by himself. 3. Turn right. Patents are transferable. The parties to the patent right transfer shall sign a written contract, which shall be registered and announced by the patent administrative department of the State Council, and the patent right transfer shall take effect from the date of registration. Any unit or individual within China who transfers a patent to a foreigner must obtain the approval of the relevant competent department of the State Council. The patent right can only be transferred in its entirety. Patent transfer is different from licensing, the latter transfers the right to use the patent, the former transfers the patent ownership, the transferor loses the patent ownership, and the transferee is called the new patentee. 4. Mark to the right. The patentee has the right to indicate the patent mark and patent number on his patented product or product package.
patent law of the people's republic of china
Article 10 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.