Patent right, which is the right of the inventor or the assignee of his/her right to Exclusively implement the specific invention creation within a certain period of time according to law, is a kind of intellectual property right. What are the characteristics of Patent right? The following legal savior editorial compiled the following content for you to answer, hope to help you.
What are the characteristics of the patent right
(1) has the exclusivity. The so-called exclusivity is also called monopoly or proprietary. Patent right is a kind of exclusive right granted to the applicant or his lawful assignee by the government authority on the basis of the application of the inventor or the applicant, who is considered to have met the conditions stipulated in the Patent Law. It is exclusively owned by the right holder, who enjoys the right to possess, use, gain and dispose of the object of his right (i.e., the invention-creation).
(2) has the Temporal nature. The so-called temporal patent right, that is, the patent right has a certain time limit, that is, the protection period stipulated by law. Article 42 of China's Patent Law provides that "the term of the patent right for invention is 20 years, and the term of the patent right for utility models and Designs is 10 years, all calculated from the date of application."
(3) Territoriality. The so-called Territoriality is the spatial limitation of the patent right. It means that the patent right granted and protected by a country or a region is valid only within the scope of that country or region, and has no legal effect on other countries and regions, and its patent right is not recognized and protected.
The right, which is granted by the patent Administrative department of the state council, to the inventor of the invention and creation of the exclusive right to use the invention and creation within a specified period of time, within this specified period of time, any natural person, legal person or other organization, without their permission, shall not manufacture their inventions and creations. According to the Patent Law of the People's Republic of China, there are three kinds of patents granted by the patent administration department under the State Council of China as follows:
First, invention patent.
Patent for invention, the "Patent Law of the People's Republic of China," Article 2, paragraph 1, provides that: "the invention referred to in the Patent Law, refers to the product, method or its improvement of the proposed new technical program." The provisions of this article indicate that the invention patent includes "product invention" and "method invention" two categories, but also can be the existing product or method of improvement and obtain a patent.
Utility model patent.
Utility model patent, in accordance with the "patent law of the People's Republic of China" article 2, paragraph 2 provides: "the patent law referred to as utility model, refers to the shape of the product, the structure or combination of new technical solutions suitable for practical use." This article stipulates that the utility model is exclusively refers to the product design program with a certain shape and structure and obtain a patent.
Third, the design patent.
Design patent, according to the "patent law of the People's Republic of China" article 2, paragraph 3 provides: "the patent law refers to the design, refers to the shape of the product, the pattern or the combination thereof, and the combination of color and shape, the pattern of the combination of the new design rich in aesthetic sense and suitable for industrial application." It has the following characteristics:
1, It is a design that is combined with the product;
2, a design that can be applied in industry;
2, a design that can give people the enjoyment of beauty.
The resulting patent is called a design patent.
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