Exclusivity is also called monopoly or exclusivity. Patent right is the exclusive right granted to the applicant or his legal assignee by the competent government department according to the application of the inventor or applicant that his invention meets the conditions stipulated in the patent law. It belongs exclusively to the obligee, and the patentee has the right to possess, use, benefit and dispose of its right object (i.e. invention and creation).
Step 2 be timely
The temporality of patent right means that the patent right has a certain period of time, that is, the protection period stipulated by law. Article 42 of China's Patent Law stipulates: "The term of patent right for invention is 20 years, and the term of patent right for utility model and design is 10 years, all of which are counted from the date of application."
3. Regionality
Regionality refers to the spatial restriction of patent rights, which means that the patent rights 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, and their patent rights are not confirmed and protected. If the patentee wishes to enjoy the patent right in other countries, he must file another patent application according to the laws of other countries. No country will recognize the patent rights granted by other countries or international intellectual property agencies unless it joins international treaties and bilateral agreements.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right and other documents shall be submitted.
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.