Function of patent right

The abbreviation of patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law. The patent right granted by a country according to its patent law is only valid within the jurisdiction of that country and is not binding on other countries. Foreign countries do not undertake the obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China.

The role of patents:

1, to protect their technological achievements from infringement by others;

2. Prevent others from abusing the patent right;

3, apply for high-tech enterprises, apply for government subsidies, funding and other necessary information;

4. Improve the core competitiveness of enterprises and protect the market share of their products;

5, the formation of enterprise intellectual property assets, enhance the registered capital and enterprise value.

The legal protection of patent right has timeliness. The term of invention patent right in China is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application.

Legal basis: Unless otherwise agreed by the parties, the right to apply for a patent for an invention-creation entrusted by Article 339 of the General Principles of the Civil Law of People's Republic of China (PRC) belongs to the research and development personnel. If the research developer obtains a patent, the client can exploit the patent for free.