Because intellectual property rights include copyright, patent right and trademark right, it can only be said that patent right is a kind of intellectual property rights, and intellectual property rights include patent rights.
Intellectual Property (IP) refers to the exclusive right that civil subjects enjoy in accordance with the law on the fruits of intellectual labor, which is usually the exclusive right granted by the state to creators in a certain period of time. The basic characteristics of intellectual property rights include:
(1) Invisible, the object of intellectual property is intellectual achievements without material form;
(2) exclusiveness, the subject of intellectual property rights shall enjoy the exclusive right to use the intellectual achievements according to law, and no one else may infringe upon it;
(3) Regionality, intellectual property rights are only valid within the geographical scope of a specific country or region, and have no extraterritorial effect;
(4) timeliness, intellectual property rights generated according to law are generally only valid within the time limit prescribed by law.
(5) The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of patent rights requires application and authorization.
Patent right refers to the exclusive right of natural persons, legal persons or other organizations to exploit inventions, utility models and designs within a certain period of time. It is an important scope of intellectual property rights, but patents are not equal to intellectual property rights. Intellectual property rights also include copyright (copyright), trademark right, exclusive right of integrated circuit layout design, new plant variety right, proprietary technology (technical secret) and so on.