Rights of the patentee (1) After the patent right for invention and utility model is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall 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, unless otherwise stipulated in the Patent Law. 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.
Legal objectivity:
Article 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).