A patent is a property right pair.
patent right for data expansion
refers to an exclusive right granted by the state to the inventor or designer within a certain period of time according to legal procedures on the premise that the contents of the invention and creation are disclosed to the society and the invention and creation have legal benefits to the society.
Patent belongs to a kind of intellectual property, so it also has the characteristics of intellectual property, namely timeliness, regionality, impersonality and exclusivity.
timeliness means that the exclusive right owned by the patentee is only valid within the legal time. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to the invention-creation, and the invention-creation originally protected by law has become the social public wealth that any unit or individual can use for free.
regionality means that the patent right is generally valid only in the country where the right is granted, and it is not recognized and protected in other countries in principle.
immateriality, also known as immateriality, means that the object of patent right is intellectual achievement, which has no material form and cannot be actually possessed by people objectively.
exclusivity means that, unless otherwise stipulated in the patent law, no unit or individual may exploit its patent without the permission of the patentee. Exclusivity is also called "exclusivity" or "monopoly".
1. What are the three characteristics of patent right
1. The three characteristics of patent right are as follows:
Exclusive. The so-called exclusivity is also called monopoly or exclusivity;
has timeliness. The so-called timeliness of patent right means that patent right has a certain time limit, that is, the protection period stipulated by law;
it is regional. The so-called regionality is the spatial restriction of patent right.
2. Legal basis: Article 42 of the Patent Law of the People's Republic of China
The duration of the invention patent right is 2 years, the utility model patent right is 1 years, and the design patent right is 15 years, all of which are counted from the date of application.
if a patent for invention is granted after four years from the date of application and three years from the date of substantive examination request, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
in order to compensate for the time occupied by the examination and approval of the new drug listing, the patent administration department of the State Council shall compensate the patentee for the patent period of the invention patent related to the new drug that has obtained the listing license in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for listing shall not exceed fourteen years.
2. What are the application conditions for invention patents
1. The invention or utility model is novel, creative and practical;
2. The invention for which a patent is applied is a new technical scheme for a product, method or its improvement;
3. The applicant is qualified;
4. Other application conditions for invention patents.