What is the nature of a patent right, what is the definition of a patent right?

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Patent maintenance refers to the process in which the patentee pays a prescribed amount of maintenance fee to the patent administration department in accordance with the law to make the patent continue to be valid during the statutory protection period of the patent. The patent maintenance period refers to the actual time from the filing date or the date of grant of the patent to the date of invalidation, termination, revocation or expiration. The patent laws of different countries or regions have different starting times for patent maintenance, some are calculated from the filing date, some are calculated from the grant date, and the patent maintenance time in China is calculated from the patent application date.

The role of patent maintenance is as follows: First, patent maintenance time is one of the key indicators to evaluate the advantages and disadvantages of the patent maintenance system and reflect the operational performance of the patent system. Second, the patent maintenance time reflects the patent application and management ability of the innovative entity.

Thirdly, patent maintenance time reflects a country's or region's technological innovation capability. Legal basis: Article 44 of the Patent Law of the People's Republic of China shall terminate the patent right before the expiration of the term under any of the following circumstances:

1) Failure to pay the annual fee in accordance with the regulations; (2) The patentee renounces its patent right by a written declaration. If the patent right is terminated before the expiration of the term of the patent right, it shall be registered and announced by the patent administration department.

A patent is an exclusive copyright enjoyed by an inventor-creator or its assignee of rights for a specific invention-creation within a certain period of time.

What are the characteristics? Patent right refers to the right of the patentee to use, benefit and dispose of his invention and creation exclusively within the scope prescribed by law, and to exclude the interference of others. Patent rights are temporal, territorial, and legally confirmed.

Patent rights also have the following legal characteristics:

1. Patent right is a right of two rights in one, which includes both personal rights and property rights.

2. The acquisition of a patent right must be granted by the Patent Office.

3. The occurrence of patent rights is premised on the disclosure of the results of the invention.

4. If the patentee does not exploit or does not permit others to exploit the patent, the relevant departments will take compulsory licensing measures to make full use of the patent.

A patent is an invention-creation protected by legal norms, which refers to the exclusive right to enjoy to the patent applicant within a specified period of time after an invention-creation is applied for a patent application to the state examination and approval authority, and after passing the examination in accordance with the law.

In China, there are two meanings of patents: 1. The use in colloquial language only refers to "sole possession". For example, "This is just my patent".

2. The triple meaning in intellectual property rights is easy to confuse. First, the abbreviation of patent right refers to the patent right enjoyed by the patentee for the invention and creation, that is, the state grants the invention creator or his successor the right to use the invention and creation exclusively within a certain period of time in accordance with the law.

A patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use another person's patented technology, it must obtain authorization or permission from the patentee in accordance with the law. Second:

Refers to the invention and creation protected by the patent law, that is, the patented technology, which is the know-how recognized by the state and legally protected on the basis of disclosure. "Patent" here refers specifically to a technical process – a technology or solution that is protected by national law. (The so-called know-how is technology that enjoys exclusive rights, which is a larger concept, including patented technology and technical secrets.)

Certain know-how that is not a patent and a technical secret is only meaningful in certain technical service contracts. A patent is an invention-creation protected by legal norms, which refers to the exclusive right to enjoy the invention-creation within the time specified in the country after the patent application is filed with the state examination and approval authority for an invention-creation, and the patent applicant is granted the exclusive right to the invention-creation within the specified time after passing the examination in accordance with the law, and the annual fee needs to be paid regularly to maintain the protection status of such state. Third:

It refers to the patent certificate issued by the Patent Office confirming the patent right enjoyed by the applicant for its invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document.

The subject of a patent right, i.e., the patentee, refers to a person who enjoys the patent right in accordance with the law and bears the corresponding obligations. The subject of patent rights includes the following:

1. Inventor or designer.

An inventor or designer is a person who has made a creative contribution to the substantive features of an invention-creation.

2. The unit of the inventor or designer.

In the case of a service invention-creation, the subject of the patent right is the employer of the inventor or designer of the invention-creation.

3. Assignee.

The assignee refers to the unit or individual who has obtained the patent right in accordance with the law through contract or inheritance. The right to apply for a patent and the right to a patent can be transferred.

4. Foreigners.

Aliens include natural and legal persons with foreign nationality.

The subject matter of a patent right, also known as the object of protection under the Patent Law, refers to the invention-creation for which a patent right should be granted in accordance with the law. According to Article 2 of the Patent Law of the People's Republic of China, the subject matter of the Patent Law includes three types: invention, utility model and design.

1. Invention. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

2. Utility models.

A utility model refers to a new technical solution for the shape, structure or combination thereof of a product that is suitable for practical use. Utility model patents only protect products.

3. Design.

Design, also known as industrial product design, refers to a new design that is aesthetically pleasing and suitable for industrial application made by combining the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

4. Objects not protected by the Patent Law.

1. Inventions and creations that violate the law, social morality, or harm the public interest.

2 Scientific Discoveries. It refers to the revelation of objectively existing phenomena in nature, the process of change, and their characteristics and laws.

3 Rules and methods of intellectual activity.

4 Diagnosis and methods of the disease.

5 Animal and plant varieties.

6 Matter obtained by the nuclear transformation method.

7。The design of the pattern, color or combination of the two of the two is mainly used as a logo.

Definition Patent right refers to the exclusive right granted by the competent authority of the state to the patent applicant and his successor to exploit his invention and creation for a certain period of time in accordance with the law.

The patent should be novel, inventive and useful.

Novelty means that the DU did not exist before the filing date.

The same invention or utility model has been publicly published in domestic or foreign publications, publicly used in China, or otherwise known to the public, and no other invention or utility model has been filed with the Patent Office by another person and recorded in the patent application documents published after the filing date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art existing before the filing date, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

The exclusive right to exploit a specific invention or creation enjoyed by the inventor-creator or the transferee of its rights within a certain period of time is a type of intellectual property right.

The nature of the right to sell a patent is mainly reflected in three aspects: exclusivity, temporality and territoriality. ExclusivityExclusivity, also known as exclusivity or exclusivity.

The patentee has exclusive or exclusive rights to the patent right it owns, and no one may use it without its permission or under special circumstances prescribed by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property). Temporality means that the protection of the patent owner by the law is not indefinite, but limited, beyond which the protection will no longer be granted, and the patent right will immediately become the common wealth of mankind and can be used by anyone.

Territoriality refers to any patent right in the air that can only arise and be protected by law in a certain territory. This is another important legal feature that distinguishes it from tangible property. According to this characteristic, patent rights obtained under the laws of a country are protected by law only in the territory of that country, and are not protected by the laws of other countries unless there is a bilateral agreement on the protection of patents (intellectual property) between the two countries, or they are jointly acceded to international conventions on the protection of patents (intellectual property).

(1) Exploitation license: It means that the patentee may license others to implement its patented technology and receive patent royalties. Where a patent is licensed to another person, the parties shall enter into a written contract. (2) The right of assignment and the patent right may be transferred.

In the case of the transfer of patent rights, the parties shall enter into a written contract and register with the patent administration department, which shall make a public announcement, and the transfer of the patent right shall take effect from the date of registration. If a Chinese entity or individual transfers a patent right to a foreigner, it must be approved by the relevant competent authorities. (3) The right of marking: It refers to the right of the patentee to mark the patent mark and patent number on the patented product or the packaging of the product.

The nature of patent rights is mainly reflected in three aspects: exclusivity, temporality and territoriality.

1. Exclusivity.

Exclusivity, also known as exclusivity or exclusivity. The patentee has the exclusive or exclusive right to the patent right it owns, and no one may use it without its permission or under special circumstances stipulated in the law and patent law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property).

2. Timeliness.

Temporality means that the protection of the patent owner by the law is not indefinite, but limited, beyond which the protection will no longer be granted, and the patent right will immediately become the common wealth of mankind and can be used by anyone.

3. Regionality.

Territoriality means that any patent right can only arise and be protected by law in a certain territory according to the laws of a certain territory. This is another important legal feature that distinguishes it from tangible property. According to this feature, the right to lose a patent obtained under the law of one country is protected only in the territory of that country, and not in other countries, unless there is a bilateral agreement on the protection of patents (intellectual property) between the two countries, or they are parties to international conventions on the protection of patents (intellectual property).

A patent is a type of intellectual property and is protected by law. The patent right is submitted by Shen Luqiao, and the quasi-patent office will review it, and the patent right will be granted if it meets the requirements, and the patent right will be rejected if it does not meet the requirements, and then the applicant Jiang Xuening will reply, and the patent office will grant the patent applied for if the defense is successful.

1. How long is the statute of limitations for bad faith patent infringement?

1. Prosecutions for patent infringement over two years are often continuous, sometimes intermittent. If the right to sue for more than two years, the court shall order the defendant to cease the infringement and pay the amount of damages for infringement calculated within two years before the date of filing the lawsuit, and such judgment shall meet two prerequisites: the infringement continues at the time of the lawsuit; The patent right is still valid at the time of the lawsuit.

2. The special feature of invention patents before authorization is that they are temporarily protected before authorization. Since invention patents are subject to "early publication and substantive examination", an application for an invention patent will be published 18 months from the filing date, and other units or individuals can fully implement the disclosed invention technology, and this behavior will not be regarded as infringement before grant. According to the provisions of the Patent Law, the above-mentioned units or individuals shall pay an appropriate fee, which is a temporary measure of protection for the invention application.

The Patent Law stipulates that if the patentee knows or should know before the date of grant, the statute of limitations shall be calculated from the date of grant of the patent. There are two points of limitation for this type of action:

1. The date on which the patent was granted; 2. The date on which the patentee learns or should have known of the act shall be the actual starting point.

A patent right is a kind of intellectual property right that the inventor-creator or his right transferee enjoys in accordance with the law for a specific invention-creation within a certain period of time. The contents of the patent right include: After the exclusive exploitation right invention and utility model patent right is granted, except as otherwise provided in the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell, or import its patented products for the purpose of production or business, or use its patented process, or use, offer to sell, sell, or import products directly obtained in accordance with the patented process.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it is not allowed to manufacture, sell, or import its design patent products for production and business purposes. It can be seen that the content of the exclusive right to exploit a design patent includes the right to manufacture, sell and import the patented design product. The patentee may license others to exploit its patented technology and receive royalties.

Where a patent is licensed to another person, the parties shall enter into a written contract. Patent rights are transferable. If the patent right is transferred, the parties shall enter into a written contract and register it with the patent administration department, which shall make a public announcement, and the transfer of the patent right shall take effect from the date of registration.

If a Chinese entity or individual transfers a patent right to a foreigner, it must be approved by the relevant competent authorities. The patentee has the right to indicate the patent mark and patent number on the patented product or the packaging of the product.

With regard to the term of protection of patent rights, the term of protection for invention patents is 20 years, and the term of utility model patents and design patents is 10 years, both of which are calculated from the filing date. After the expiration of the term of the patent right, the patent right is terminated. Before the expiration of the term of the patent right, the patentee may renounce the patent right in writing.

Article 3 of the Civil Code, the patent administration department is responsible for the management of patent work nationwide; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law. The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.