What are the characteristics of collective patent rights? What is the difference between a collectiv

Updated on Financial 2024-07-05
3 answers
  1. Anonymous users2024-02-12

    1) Exclusivity. It means that the patent right is an intangible property right, which has an exclusive nature, and any person who wants to exploit the patent, except as otherwise provided by law, must obtain the permission of the patentee and pay the royalties according to the agreement between the two parties, otherwise it constitutes infringement. (2) Temporality.

    It means that the patent right is only valid for the duration of the grant, and after the expiration or termination of the term, the invention and creation will become the common wealth of the whole society, and anyone can use it freely, and the term of the patent right is stipulated by the Patent Law. (3) Regionality. It means that the patent right granted by one country is only valid within the regional scope of the granting country or region, and is not legally binding on other countries or regions, and the patent rights granted by each country or region are independent of each other.

  2. Anonymous users2024-02-11

    Patent right is an exclusive right granted to the patentee by the patent administration department in accordance with the law and in accordance with legal procedures. It is a type of intangible property right and has the following main characteristics compared to tangible property. (1) It is exclusive.

    The so-called exclusivity is also called monopoly or exclusivity. A patent right is an exclusive right granted to the applicant or its legal assignee by the competent authority according to the application of the inventor or the applicant, which considers that the invention meets the conditions stipulated in the patent law. It is exclusively owned by the right holder, and the patentee has the right to possess, use, benefit and dispose of the object of its rights (i.e., the invention and creation).

    2) It is temporal. The so-called temporality of patent rights means that the patent right has a certain time limit, that is, the term of protection prescribed by law. The patent laws of each country have their own provisions on the effective term of protection of patent rights, and the starting time for calculating the term of protection also varies.

    Article 42 of the Patent Law of the People's Republic of China stipulates that "the term of a patent right for invention shall be 20 years, and the term of a patent right for utility model and design shall be 10 years, both of which shall be calculated from the date of application." 3) It is territorial.

    The so-called territoriality refers to the spatial restriction of patent rights. It means that the patent right 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 recognized and protected. If the patentee wishes to enjoy a patent in another country, he must file a separate patent application in accordance with the laws of that other country.

    Unless otherwise provided for in international treaties and bilateral agreements, no country recognizes patent rights granted by other countries or international intellectual property institutions.

  3. Anonymous users2024-02-10

    What is the difference between a collective patent application and an individual patent application, in the examination process, the application time limit, and the difficulty of the application are the same, so the specific difference is in **? The difference between collective patent application and individual patent applicationIf you need professional patent services, Bajie Intellectual Property will help you! Bajie intellectual property business development rapidly, focusing on trademarks, patents, copyrights, domain names and other intellectual property business directions, Bajie intellectual property patent application, patent transfer ** service recognized by the industry, you have patent transfer, patent application transaction needs, just hurry up to consult Bajie intellectual property customer service.

    What is the difference between a collective patent application and an individual patent application

    1. The application materials are slightly different. The individual application provides the individual's ID card and other valid documents, and the company's enterprise application provides the company's business license, and the organization**, and the legal person ID card. 2. The application fee is different, the application fee in the name of an individual is 1000, and the application fee for an enterprise is 1500.

    3. The right to apply for a patent by an individual is owned by an individual and has nothing to do with the company, and a dispute over patent ownership is likely to arise when an individual applies for a service invention; The company's application rights and interests are owned by the company, and there is no ownership dispute. 4. If an individual applies for financial difficulties, he or she can enjoy a reduction or exemption of the annual fee paid for the first three years, as long as he pays 15%; The cost of applying for the company is more expensive, but in some areas you can enjoy ** subsidy. 5. Individual applicants can enjoy the reduction and exemption, and there are ** subsidies in some districts; The company can apply for first-class subsidies in some areas, which is conducive to evaluation, declaration of high-tech enterprises, patent pledge and so on.

    What is the difference between a collective patent application and an individual patent application

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