What are the characteristics of patents?

the patent right is an exclusive right granted to the patentee by the patent administrative department of the State Council in accordance with the law and legal procedures. It is a kind of intangible property right. Compared with tangible property, it has the following main characteristics.

(1) exclusive. The so-called exclusivity is also called monopoly or exclusivity. Patent right is an exclusive right granted to the applicant or his legal assignee by the competent government department according to the application of the inventor or applicant, who thinks that his invention meets the conditions stipulated in the patent law. It is exclusively owned by the obligee, and the patentee has the right to possess, use, benefit and dispose of the object of his rights (i.e. invention and creation).

(2) It is timely. The so-called temporality of patent right means that patent right has a certain time limit, that is, the protection period stipulated by law. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. Article 42 of China's Patent Law stipulates: "The term of patent right for invention is 2 years, and the term of patent right for utility model and design is 1 years, counting from the date of application."

(3) It is regional. The so-called regionality is the spatial restriction of patent right. It means that the patent granted and protected by a country or region is only valid within the scope of that country or region, and has no legal effect on other countries and regions, and its patent right is not confirmed and protected. If the patentee wishes to enjoy the patent right in other countries, he must file another patent application in accordance with the laws of other countries. No country will recognize the patent rights granted by other countries or international intellectual property institutions unless it has acceded to international treaties and bilateral agreements.