1. Whether the right to apply for a patent is intellectual property
Intellectual property 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. Transfer right:
The right holder has the right to transfer ownership of the patent he or she has obtained Transfer to others, but transfer of patent rights to foreigners requires approval from relevant departments.
3. License to implement the right:
The right holder can authorize others to implement the patent, And charge a certain fee.
4. Right to mark:
You can indicate the patent on the patented product and its packaging Marking and patent number.
5. Right to request protection:
When suffering from patent infringement, the right to file a complaint with the people The court and the patent administration requested a halt to the infringement.
6. Right to waive:
You can declare in writing to waive your patent rights.
7. Pledge rights:
You can pledge your patent rights for financing.
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