Do patent rights belong to assets?

According to the provisions of the Patent Law, patent applicants can apply for patent rights for inventions, utility models and designs that are practical, novel and creative. So is the patent right an asset? In order to help you better understand the relevant legal knowledge, we have compiled the relevant contents. Let's have a look. 1. Is the patent right an asset? Patent right is a kind of property right. Generally speaking, property rights correspond to personal rights. The essential feature of personal rights is non-transferability. According to the patent law of our country, the parties can transfer the patent application right and patent right through negotiation. Therefore, patent right belongs to property right.

Second, are patent rights financial assets? Patent right is a financial asset. Patent right belongs to property right, and patent transfer refers to a contract in which the patentee, as the transferor, transfers the ownership of his invention-creation patent to the transferee, and the transferee pays the agreed price. The party who obtains the patent right through the patent right transfer contract becomes a new legal patentee, and may also conclude a patent transfer contract and a patent licensing contract with others, including the transfer of the patent application right. Here, it is necessary to distinguish between patent transfer and patent licensing, that is, to transfer part of the right to use a patent to others; In the licensing contract, the patentee disposes of the right to use rather than the ownership. When transferring the patent right, the patentee disposes of the ownership. Therefore, the income from patent right transfer belongs to property income. Article 16 of the patent right stipulates that the unit granted the patent right shall reward the inventor or designer of the service invention-creation; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.

Three. Who owns the patent right? Patent right, referred to as "patent" for short, is a kind of intellectual property right, which is the exclusive right of the inventor or his assignee to exploit a specific invention within a certain period of time. If an individual applies for a patent, the applicant is the patentee, and if the unit applies, the patent belongs to the unit. At the same time, there are also cases of patent transfer. Article 16 of the Patent Law stipulates that the entity granted the patent right shall reward the inventor or designer of the service invention-creation; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.