Are patent rights considered debt rights?

Patent rights are one of the very important intellectual property rights. Patent inventors can apply for Patent rights to the patent management department. After review, the patent management department will grant the applicant a patent right if no reason for rejection is found. So does the patent right belong to Debt? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. Is patent right a creditor's right?

Patent right is not creditor's right. Rights are one of the civil rights enjoyed by civil subjects. The civil rights and interests arising from the transfer of a patent or the licensing of a patent are claims.

"Civil Code of the People's Republic of China"

Article 118 [Obligations Definition] Civil subjects enjoy creditor's rights in accordance with the law.

right.

Article 123 [Definition of Intellectual Property Rights] Civil subjects enjoy intellectual property rights in accordance with the law.

Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Trade secrets;

(6) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects specified by law.

2. Awarding SpecialistSubstantive conditions of rights

1. Novelty

Novelty refers to Before the filing date, the same invention or utility model had not been published in domestic or foreign publications, publicly used domestically, or otherwise known to the public, nor had the same invention or utility model been filed with the Patent Office by others. Application and recorded in the patent application documents published after the filing date. In some special circumstances, although the invention or utility model for which a patent is applied for is published before the filing date or priority date, if a patent application is filed within a certain period, it will still be novel.

2. Creativity

Creativity refers to the comparison with the existing technology before the filing date , the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.

3. Practicality

Practiceability means that the invention or utility model can be manufactured or It can be used and produce positive effects, that is, it will not cause environmental pollution, serious waste of energy or resources, and will not harm human health.

Through the above analysis, we know that according to the provisions of the Civil Code, claims are due to contracts, torts, management without cause, unjust enrichment and other provisions of the law , the right holder has the right to request that a specific obligation be performed or not be performed for a certain act. Patent rights are not creditor's rights, but civil rights enjoyed by civil subjects. If you need legal help, readers can go to the Legal Savior Network for consultation.