Effectively protect the right of invention and creation through legal procedures, so as to obtain the maximum benefit. Strive for the initiative of market competition and ensure safe production and sales. The state has certain support policies for patent applications and will give certain policy and economic help. The development of similar technologies or products by others must obtain the consent of the patentee.
Patent right refers to the exclusive right granted by the state to the inventor or designer within a certain period of time in accordance with legal procedures on the premise that the content of the invention is open to the public and the invention has legal interests to the society.
Patent is a kind of intellectual property, so it also has the characteristics of intellectual property, that is, timeliness, regionality, impersonality and exclusiveness. Timeliness means that the exclusive right of the patentee is only valid within the legal time. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to the invention-creation, and the invention-creation originally protected by law becomes social public wealth that any unit or individual can use for free. Regionality means that the patent right is generally valid only in the country where the right is granted, and in principle it is not recognized and protected in other countries. Intangible, also known as immateriality, means that the object of patent right is intellectual achievement, which has no material form and cannot be actually possessed by people objectively. Exclusivity means that, unless otherwise stipulated in the patent law, no unit or individual may exploit its patent without the permission of the patentee. Exclusivity is also called "exclusivity" or "monopoly"
The subject of patent right, that is, the patentee, refers to the person who enjoys the rights stipulated in the patent law and undertakes the corresponding obligations at the same time. In China, both natural persons and units can apply for or obtain patents and become the subject of patent rights. It should be noted that the subject of the patent right is not equal to the inventor or applicant of the patent.
legal ground
patent law of the people's republic of china
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.