What are the three characteristics of a patent or patent right?
1, one is exclusive, and the patentee can enjoy the exclusive right of the patent;
2. Secondly, it is regional, and the patent right granted by each GJ can only be valid within this GJ;
3, the third is timeliness, the patentee is valid within the time stipulated by law; The invention patent shall be protected for 20 years, and the utility model and appearance patent shall be protected for 10 years, counting from the date of application!
Exclusivity is the main thing here. If a patent has a subordinate patent of others, the original patentee will also be restricted by the subordinate patentee when using his own patent. How to understand?
In the case of basic patent and subordinate patent, the patentee of basic patent has the right not to allow others to implement the technology within the scope corresponding to his own patent right. The patentee of a subordinate patent is only the exclusive right of the technology within the scope of protection corresponding to the subordinate patent. That is to say, if we want to implement the technology with the protection scope corresponding to the subordinate patent right, we must get the consent of both the patentee of the subordinate patent right and the patentee of the basic patent. Whoever wants to implement this technology must get the consent of the patentees of the two patents, and even the patentee of the basic patent must get the consent of the patentee of the subordinate patent before implementing this technology. The patentee of the subordinate patent must also obtain the consent of the patentee of the basic patent to implement the technology. Therefore, from this perspective, the right of the basic patentee to implement certain technologies is restricted.
However, if the technology implemented by the patentee of the basic patent does not belong to the protection scope of the subordinate patent, but only belongs to the protection scope of the basic patent, it may not be bound by the patentee of the subordinate patent.