Patent right: the exclusive right of an inventor or his assignee to exploit a specific invention and creation within a certain period of time, which is a kind of intellectual property right.
Patent application right: the right to file a patent application with the Patent Office.
Second, the characteristics are different.
1, the patent right also has the following legal characteristics:
(1) Patent right refers to the combination of personal rights and property rights.
(2) The patent right is granted by the Patent Office.
(3) The production of patent right is based on the publication of invention.
(4) Patents are practical. If the patentee does not exploit or does not allow others to exploit his patent, the relevant departments shall take compulsory licensing measures to make full use of his patent.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes.
Article 2 The people's court shall determine the contents of the claim as stipulated in the first paragraph of Article 59 of the Patent Law according to the records of the claim and the understanding of the claim by ordinary technicians in this field after reading the specification and drawings.
Article 3 The people's court may interpret the claims by using the specification and drawings, the related claims in the claims and the patent examination documents. Where the specification has a special definition of the terms in the claims, the special definition shall prevail.
If the above method can't clearly define the meaning of the claim, it can be interpreted in combination with well-known documents such as reference books and textbooks and the common understanding of ordinary technicians in the field.
Article 4 The people's court shall determine the contents of the technical features expressed by the functions or effects in the claims in combination with the specific realization methods of the functions or effects described in the specification and the appended drawings and their equivalent realization methods.
Article 5 The people's court shall not support a technical scheme that is only described in the specification or attached drawings but not recorded in the claims, if the right holder brings it into the scope of patent protection in a patent infringement dispute case.
Article 6 The people's court shall not support the technical scheme abandoned by the patent applicant or patentee by modifying the patent claim or specification or statement of opinions during the patent authorization or invalidation procedure, and if the right holder brings it into the scope of patent protection in a patent infringement dispute case.
Article 7 The people's court shall examine all the technical features recorded in the patent claim when judging whether the alleged infringing technical scheme belongs to the scope of patent protection.
If the technical scheme accused of infringement contains the same or equivalent technical features as all the technical features recorded in the right claim, the people's court shall determine that it belongs to the protection scope of the patent right; If the technical features of the technical scheme accused of infringement lack more than one technical feature recorded in the claim compared with all the technical features recorded in the claim, or more than one technical feature is different or the same, the people's court shall determine that it does not belong to the protection scope of the patent right.
Article 8 Where a design identical with or similar to an authorized design is used on a product identical with or similar to a patented design product, the people's court shall determine that the alleged infringing design belongs to the protection scope of the design patent right stipulated in the second paragraph of Article 59 of the Patent Law.
Article 9 The people's court shall determine whether the product types are the same or similar according to the uses of the design products. To determine the use of a product, you can refer to the brief description of the design, the international design classification table, the function of the product, the sales and actual use of the product and other factors.