I. Rights of the patentee
(1) After the patent right for an invention or utility model with exclusive exploitation right is granted, unless otherwise stipulated in the Patent Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. Therefore, the exclusive rights of product invention patentees and utility model patentees specifically include the right to manufacture, use, promise to sell, sell and import patented products; The exclusive right of use enjoyed by the invention patentee refers not only to the exclusive right of use of the patented method, but also to the right of use, promised sale, sale and import of the product directly obtained according to the patented method. Sales commitment here refers to the intention to sell goods through advertisements, window displays or trade fairs. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import its patented products for production and business purposes. It can be seen that the content of the exclusive right to implement the design patent includes the right to manufacture, the right to sell and the right to import the design patented product. (2) Licensing right means that the patentee can 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 of assignment can be assigned. Where a patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. 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) Marking right: means that the patentee has the right to mark the patent mark and patent number on his patented product or the packaging of the product.
Second, the obligations of the patentee.
The obligation of the patentee is mainly to pay the annual patent fee. Article 43 of the Patent Law stipulates that the patentee shall pay the annual fee from the year when the patent right is granted. Failure to pay the annual fee as required may lead to the termination of the patent right. In addition, after the patent right is granted, the creator of the service invention patent shall reward the inventor or designer in accordance with the regulations; After the patent is implemented, the inventor or designer shall be paid reasonable remuneration according to the economic benefits obtained from its popularization and application.
Third, the duration of the patent right.
The term of invention patent right is 20 years, and the term 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.
Fourth, restrictions on patent rights.
(1) Compulsory license Compulsory license, also known as involuntary license, refers to an administrative measure that the patent administrative department of the State Council directly permits an applicant who has the conditions for implementation to exploit a patent for invention or utility model without the consent of the patentee according to law. Its purpose is to promote the implementation of patented inventions, prevent patentees from abusing patent rights, and safeguard national interests and social public interests. China's patent law divides compulsory license into three categories: 1. Compulsory license when not implemented. Where a unit with implementation conditions requests the patentee of an invention or utility model to license the exploitation of its patent on reasonable terms, but fails to obtain the license within a reasonable period of time, the patent administration department of the State Council may, upon the application of the unit, grant a compulsory license to exploit the invention patent or utility model patent. Only after 3 years from the date when the patent right is granted can you request a compulsory license from the patent administrative department of the State Council. This compulsory license should be limited to the needs of the domestic market; The invention and creation involved in compulsory license is semiconductor technology, and the implementation of compulsory license is limited to the non-commercial use of the public. Or use the remedies determined by judicial or administrative procedures as anti-competitive behaviors. 2. Compulsory license required by public interest. In case of national emergency or special circumstances, or for the purpose of public interest, the administrative department for patent in the State Council may grant a compulsory license to exploit a patent for invention or utility model. 3. Compulsory licensing of subordinate patents. Where a patented invention or utility model is a major technological progress with great economic significance compared with the invention or utility model of the previous patent, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department in the State Council may grant a compulsory license to exploit the previous invention or utility model upon the application of the latter patentee. Where a compulsory license is granted in accordance with the provisions of the preceding paragraph, the administrative department for patent in the State Council may also grant a compulsory license to exploit the latter invention or utility model upon the application of the former patentee. (2) Acts that are not regarded as patent infringement 1. After the patented product manufactured or imported by the patentee or the product directly obtained by the patented method is sold, the patentee uses, promises to sell or sells the product. 2. Having manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope. 3. Foreign means of transport temporarily passing through China's territory, territorial sea and airspace use the relevant patents in their devices and equipment for their own purposes according to the agreement signed between their countries and China or the international treaties to which * * * is a party, or according to the principle of reciprocity. 4. Dedicated relevant patents to scientific research and experiments.