Exclusive executive power includes two aspects:
(1) The patentee has the right to exploit his patent by himself, that is, the patentee enjoys the exclusive right to manufacture, use, sell and allow the sale of his patented product according to law, or the patentee enjoys the exclusive right to use his patented method and the exclusive right to use and sell the product directly obtained according to the patented method according to law;
(2) The patentee's right to prohibit others from exploiting his patent. Except as otherwise provided in the Patent Law, the patentee of an invention or utility model has the right to prohibit any unit or individual from exploiting its patent without its permission, that is, to manufacture, use, sell, allow to sell or import its patented products for production and operation purposes, or to use its patented process and use, sell, allow to sell or import products directly obtained according to the patented process; The patentee of a design has the right to prohibit any unit or individual from exploiting its patent without its permission, that is, manufacturing, selling or importing its patented products for the purpose of production and operation.
Legal basis: Article 48 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances, and the the State Council Patent Administration Department may grant a compulsory license to exploit the invention patent or utility model patent upon the application of a unit or individual with implementation conditions:
(1) It has been three years since the patent right was granted and four years since the patent application was filed, and the patentee has not implemented or not fully implemented his patent;
(2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition.