Does the patent right include the right to apply for a patent? What rights does the patent right include?

In order to better deal with the legal issues that may occur in life, we need to learn some relevant legal knowledge. In order to help everyone better understand some relevant legal knowledge, this site has compiled some information related to whether Patent rights include patent application rights. Let’s take a look at what rights-related legal content patent rights include.

1. Whether the patent right includes the right to apply for a patent

The patent right does not include Patent application rights, patent rights are formed after the patent application is authorized. The right to apply for a patent is a right to apply for a patent.

Article 10 of the Patent Law of the People's Republic of China

Patent application rights and patent rights Can be transferred. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

Article 15

The co-owner of the right to apply for a patent or the patent right has no right to If there is an agreement on the exercise, the agreement shall prevail. If there is no agreement, the co-owner can independently implement the patent or license others to implement the patent in the form of a general license;

If others are permitted to implement the patent, the royalties collected shall be Distributed among co-owners. Except for the circumstances specified in the preceding paragraph, the exercise of a jointly owned patent application right or patent right shall require the consent of all co-owners.

2. What rights does patent right include?

1. Exclusive right to implement:

No unit or individual may implement the patent without the permission of the patentee;

The right holder can exclusively manufacture patented products, exclusively use the patented technology/design, and can exclusively sell patented products.

2. Right of transfer:

The right holder has the right to transfer the ownership of the patent he or she has obtained to others, but not to foreigners. Patent rights need to be approved by relevant departments.

3. License implementation rights:

The right holder can authorize others to implement the patent and charge a certain fee.

4. Marking rights:

Patent marks and patent numbers can be indicated on patented products and their packaging.

5. Request for protection:

When subject to patent infringement, the right to request the people's court and the patent management department to stop the infringement.

6. Right to waive :

You can declare in writing to give up your patent rights.

7. Pledge rights:

You can pledge your patent rights for financing.

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