What are the contents and limitations of patent rights?

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Legal analysis: The existing restrictions are: compulsory license: compulsory license, also known as involuntary license, refers to an administrative measure taken by the patent administration department in accordance with the law and without the consent of the patentee to directly license the applicant who has the conditions for exploitation to implement the invention or utility model patent.

Legal basis: Article 48 of the Patent Law of the People's Republic of China In any of the following circumstances, the patent administration department may grant a compulsory license for exploitation of an invention patent or utility model patent based on the application of a unit or individual that has the conditions for exploitation:

1) The patentee has not exploited or fully exploited the patent without justifiable reasons for three years from the date of grant of the patent right and four years from the date of filing the patent application;

2) The patentee's act of exercising the patent right is determined to be a monopolistic act in accordance with law, and the purpose is to eliminate or reduce the adverse impact of such act on competition.

1) There is no right of refusal, that is, the patentee cannot refuse to use its patented invention by other socialist or public ownership units.

2) The right of prior use of the patented invention of the bird's eye.

3) Relevant patents used exclusively for scientific research and experiments shall not be regarded as infringement.

4) The use of the relevant patent in the apparatus and equipment of the means of transport for the needs of the means of transport in temporary transit shall not be regarded as an infringement of the patent right.

5) Compulsory License. If the patentee fails to exploit or fully exploit the invention without justifiable reasons within three years from the date of grant of the patent right for invention and utility model patents, the Patent Office may, on the basis of an application by a unit that has the conditions for exploitation, allow the unit to exploit the invention without the consent of the patentee, and the unit that has obtained the compulsory license shall still pay royalties to the patentee.

6) If the invention patent is of great significance to the public interest of the national economy or national defense construction, the state may expropriate the invention and give reasonable compensation to the patentee.

1. Scope of protection of patent rights.

The scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to explain its claims. This means that the scope of protection of a patent right shall be subject to the scope determined by the necessary technical features clearly recorded in the claims, and also include the scope determined by the features equivalent to the necessary technical features. An equivalent feature is a feature that achieves essentially the same function and achieves essentially the same effect by the described technical feature by essentially the same means, and can be associated with a person skilled in the art without creative labor.

The scope of protection of the design patent right shall be subject to the design patent product indicated in ** or **. The scope of protection of a design patent depends on two aspects: one is the design that is expressed in ** or **; The second is the scope of the product to be used in the design, which is specified at the time of grant of the patent.

To determine whether a design is identical or similar, it should be based on similar products.

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. 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." ”。