1. exclusivity: also known as monopoly or exclusivity, owned by the patentee, who has the right to possess, use, benefit from and dispose of the object of his rights (i.e. invention and creation);
2. Timeliness: The so-called temporality of patent right means that the patent right has a certain period of time, that is, the protection period stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to his invention-creation. Inventions and creations protected by law have become the public wealth of society, and any unit or individual can use them free of charge.
3. Regionality: The so-called regionality is the space limitation of patent right. It means that patents granted and protected by a country or region are only valid within the scope of that country or region and have no legal effect on other countries and regions. Its patent right can not be confirmed and protected, and it can only be produced in a certain area and protected by law.
China's patent rights specifically include:
1. Exclusive right of exploitation: No unit or individual may exploit its patent without the permission of the patentee; The obligee can exclusively manufacture patented products, exclusively use patented technology/design and exclusively sell patented products.
2. Right of transfer: The obligee has the right to transfer the acquired patent ownership to others, but the transfer of the patent right to foreigners requires the approval of the relevant departments.
3. Licensing right: The obligee can authorize others to license the patent and charge a certain fee.
4. Marking right: the patent mark and patent number can be marked on the patented product and its packaging.
5. Right to request protection: In case of patent infringement, the right to request the people's court and the patent administration department to stop the infringement.
6. Waiver of rights: You can give up your patent right in writing.
7. Pledge right: You can pledge your own patent right for financing.
legal ground
patent law of the people's republic of china
Article 51 Any unit or individual willing to exploit a patent with an open license shall notify the patentee in writing and obtain a patent exploitation license after paying the license fee according to the published payment method and standard.
During the implementation of the open license, the annual patent fee paid by the patentee shall be reduced accordingly.
The patentee who implements an open license may grant a general license after consultation with the licensee on the license fee, but shall not grant an exclusive or exclusive license to the patent. Article 60 The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.