How to distinguish independent intellectual property rights from patents
Patent is the most basic concept. The social understanding of it generally has three meanings:
The first refers to Patent rights; the second refers to inventions and creations protected by patent rights; and the third refers to patent documents.
The so-called patent right is determined by the national intellectual property authority An exclusive right granted to the applicant under the patent law to implement his invention. After an invention is completed, various complex social relationships often arise, the most important of which are the issues of who should own the invention, the scope of its rights, and how to utilize it.
It is difficult for inventions and creations without patent protection to solve these problems. Anyone can use this invention and creation after its content is leaked. After an invention is granted a patent, the patent law protects the patent from infringement. Anyone who wants to exploit the patent must obtain the permission of the patentee and pay royalties as agreed by both parties, otherwise it is an infringement. .
The patentee has the right to ask the infringer to stop the infringement. If the patentee suffers economic losses due to the infringement of the patent right, he can also ask the infringer to compensate. If the other party If these requests are rejected, the patentee has the right to request the patent management department to handle it or file a lawsuit in the People's Court. Patent right is a kind of intellectual property rights, which is different from tangible property rights and has time and geographical restrictions.
Patent rights are only valid within a certain period of time. After the expiration of the period, the patent rights will no longer be valid. If it exists again, the inventions and creations it protects become the common wealth of the whole society and can be used freely by anyone. The validity period of patent rights is stipulated by the patent law. The geographical restrictions of patent rights refer to the patent rights granted by a country. It is only valid within the legal jurisdiction of the granting country and does not have any legal binding force on other countries.
The effectiveness of patent rights granted by each country is independent of each other. Patent rights do not automatically arise with the completion of inventions and creations. Applicants need to follow the procedures stipulated in the patent law. and procedures are submitted to the Patent Office of the State Intellectual Property Office. After review by the Patent Office of the State Intellectual Property Office, a patent right can be granted only if the application is deemed to comply with the provisions of the Patent Law. If the applicant does not apply to the Patent Office of the State Intellectual Property Office, regardless of the invention or creation No matter how important or economically beneficial it is, patent rights cannot be granted.
Inventions and creations that obtain patent rights must fully disclose the content of the invention in claims, descriptions, or pictures and photos, because when turning an intangible invention and creation into a right such as patent rights, it depends on the claims or pictures. , photos to delineate the scope of protection, and these disclosed contents are the only basis to support the existence of rights. The instructions, claims or pictures and photos recording the invention and creation are the most important parts of the patent document.
Intellectual property refers to the scientific and technological aspects of citizens, legal persons or other organizationsOr in the field of culture and art, the exclusive right to the intellectual achievements completed by creative labor in accordance with the law. This definition includes three meanings:
(1) The object of intellectual property rights is the intellectual achievements of people, which some people call spiritual (wisdom) outputs. This kind of output (intellectual achievement) also belongs to a kind of intangible property or intangible property, but it is different from the kind of intangible property that belongs to physical products (such as electrical), and the kind of intangible property that belongs to rights (such as mortgage rights). , trademark rights), it is a direct product of human intellectual activity (brain activity). This kind of intellectual achievement is not just thought, but the expression of thought. But it is different from the carrier of thought.
(2) The rights subject has exclusive ownership of the intellectual achievements The exclusive use of property is similar to ownership in property rights, so it was classified as property rights in the past.
(3) Obtained by the right holder from intellectual property rights Benefits are both economic and non-economic in nature. These two aspects are combined and inseparable.
Therefore, intellectual property rights are related to both personality rights and family rights. (whose interests are mainly non-economic) is different from property rights (whose interests are mainly economic). Intellectual property rights include: industrial property rights and copyright (called copyright in our country).
Patent is just a type of intellectual property, intellectual property The scope is much greater than that of patents. The main significance of independent intellectual property rights lies in innovation and protection.
If you wantIf you want to be able to use the law to protect your rights, it is recommended that you conduct online consultation on the Legal Savior Network. A professional team of lawyers will answer your questions and protect your rights and interests promptly and legally.
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