Patent right means that the patentee enjoys the exclusive right to use, benefit and dispose of his invention and creation within the scope prescribed by law, and excludes the interference of others. The contents of patent right include rights and obligations.
? I. Patent right
(1) exclusive execution right. Exclusive executive power includes two aspects. First, the patentee has the right to manufacture, use, sell or allow the sale of the patented product according to law, or the patentee has the exclusive right to use its patented method according to law. Second, without the permission of the patentee, no unit or individual may exploit its patent, that is, it may not manufacture, sell or import its patented products for production and business purposes.
(2) the right of transfer. The patentee may transfer the ownership of the patent to others.
(3) License enforcement right. The patentee authorizes others to exploit his patent through the implementation of the licensing contract, and obtains the patent license fee or other benefits from it.
(4) the right to mark. The patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product.
(5) the right to request protection. 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 patent administration department to handle it to protect his patent right.
(6) the right to give up. The patentee has the right to declare in writing or voluntarily give up the patent right by failing to pay the annual fee on time before the patent expires.
(7) Pledge. The patentee has the right to pledge the property right in his patent right.
Second, the patent obligation.
(a) the obligation to pay the annual patent fee in accordance with the provisions. Patent annual fee is also called patent maintenance fee, and the patentee shall pay the annual fee from the year when the patent is granted until the patent expires.
(2) the obligation not to abuse the patent right. Choose the way to use the patent right within the scope permitted by law and exercise your rights appropriately, and shall not harm the intellectual property rights and other legitimate rights and interests of others.