To obtain a patent right, the first step should be to file a patent application with China National Intellectual Property Administration. To apply for a patent, you must submit the application documents such as the request, specification, and patent claim, and pay the application fee.
What if the patent is infringed?
Patent disputes defined in the Patent Law and its detailed rules for implementation mainly include: (1) patent infringement disputes caused by the implementation of the patent without the permission of the patentee; (2) Disputes over the right to apply for a patent and the patent right; (3) Disputes over the qualifications of inventors and designers; (4) Disputes over rewards and remuneration of inventors and designers of service inventions; (5) Disputes over the use of an invention without paying an appropriate fee after the publication of the application for a patent for invention and before the patent right is granted; (6) Other patent disputes. There are several ways to solve patent disputes: (1) At the request of the parties, the patent administration department can mediate the patent disputes in items (2) to (6); (2) If there is a dispute between the right to apply for a patent and the ownership of a patent, the parties may also bring a suit in a people's court; (3) Disputes over patent infringement without the permission of the patentee: (1) The parties concerned shall settle them through consultation; (2) Unwilling to negotiate or failing to negotiate, 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. If a party refuses to accept the handling, he may bring a lawsuit to the people's court within the prescribed time limit; (3) If the infringer neither brings a suit nor stops the infringing act within the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution.
What rights does the patentee have?
The patentee's rights mainly include: (1) the right to exploit his own patent, that is, to manufacture, use, promise to sell and sell his patented products of inventions and utility models, use his patented method, use, promise to sell and sell the products directly obtained according to the patented method; (2) The right to license others to exploit their patents and collect royalties; (3) the right to indicate the patent mark and patent number on the patented product or the packaging of the product; (4) the right to transfer the patent right to others; (5) the right to pledge the patent right; (6) the right to give up the patent right; (7) When the patentee thinks that his patent right has been infringed, he has the right to bring a lawsuit to the people's court or request the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government to handle it, so as to protect his patent right.
What protection can patents provide for inventions?
Patent protection means that, without the consent of the patentee, no one may manufacture, use, promise to sell, sell or import the invention-creation for the purpose of production and operation.