Are patent rights in the Civil Code considered property ownership?

Patent right is one of the intellectual property rights. After applying for a patent, the patent management department can grant the patent right if no reason for rejection is found after review. After the patent right is granted, it is protected by law, so does the patent right in the Civil Code belong to property ownership? The editor of Legal Savior Network has compiled relevant knowledge and hopes to be helpful to everyone.

1. Does the patent right in the Civil Code belong to property ownership?

Not the patent right Property ownership, Patent rights belong to intellectual property rights, and are a type of civil rights.

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

Article 123 [Knowledge Definition of 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. What rights does the patentee have

1 , the right to implement its patent by itself, that is, it has the right to manufacture, use, sell, offer to sell and import its patented products or use its patented methods.

2. The right to license others to implement their patents, and the licensee obtains the correspondingThe right to implement the patent and pay royalties to the patentee.

3. The right to prohibit others from exploiting their patents. Without the permission of the patentee, no unit or individual may exploit its patents, that is, it shall not be used for production and business operations. For the purpose of manufacturing, using or selling its patented products, or using its patented methods. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell its design patented products for production and business purposes.

4. The right to request protection. For infringement of the patent without the patent owner's permission, the patent owner or interested parties may request the patent management agency to handle the matter, or they may directly file a lawsuit in the People's Court.

5. The right to transfer patent rights. Patent application rights and patent rights are transferable. Any transfer of patent application rights or patent rights by a unit owned by the whole people must be approved by the superior authority. Any transfer of patent application rights or patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities. To transfer patent application rights or patent rights, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office.

6. The right to indicate the patent right on the product. The patentee has the right to indicate the patent mark and patent number on its patented product or the packaging of the product.

Through the above analysis, we know that according to the provisions of the Civil Code, civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are works; inventions, utility models, Rights enjoyed by objects such as designs. Therefore, patent rights are not property ownership, but civil rights. If you need legal help, readers can go to the Legal Savior Network for consultation.