What does the patentee’s rights include
(1) Exclusive rights
Article 11 of China’s Patent Law stipulates: “After the patent right for an invention or utility model is granted, except as otherwise provided in this law, any unit or individual may, without the permission of the patentee, It shall not implement its patent, that is, it shall not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented method, or use, offer for sale, sell, or import products directly obtained according to the patented method."
The contents of exclusive rights mainly include the following five aspects:
1. Manufacturing rights. It means that the patentee has the right to produce and manufacture the patented product recorded in the patent document;
2. Right to use. The right to use includes the right to use patented products and the right to use patented methods. No one may use its patented products or methods without the permission of the patentee;
3. Promise of sales rights. Promises to sell refer to pre-sale sales or promotional activities, including the sale of patented products through advertising, orders, news releases, etc. my country only established this right during the second revision of the Patent Law. During the third revision, the right to sell was extended from invention patents and utility model patents to design patents.
4. Sales right. Refers to the right to sell patented products. The patentee's right to sell also has certain restrictions. Whether the patentee sells by himself or licenses others to sell, his first sales behavior is protected by law. However, after the product is sold for the first time, the right to sell is exhausted.
5. Import rights. It refers to the right to import patented products or products directly produced by patented methods from outside a country into that country for the purpose of production and business operations.
(2) Implementation permission
p>It means that the patentee can license others to implement its patented technology and collect patent royalties. Licensing others to exploit the patent shall be subject to the full text of the Civil Code. The parties shall enter into a written contract.
(3) Transfer right
Patent rights can be transferred. The right to transfer includes the transfer of patent application rights and the transfer of patent rights. There are two forms of transfer, one is contractual transfer and the other is inheritance transfer. 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.
(4) Right of labeling
It refers to the rights of the patentee in its patented products or the The product's packaging bears the patent mark and patent number. Marking can play a promotional role and help expand product sales. At the same time, it can also serve as a warning to let others know that this product is protected by a patent and cannot be copied at will.
Types of patentees
Patentees include three types:
①The unit of the inventor and designer. For employee inventions and creations made by employees of enterprises, institutions, social groups, and state agencies who perform the tasks of their own units or mainly make use of the material conditions of their own units, the right to apply for patents belongs to that unit.
②Inventor and designer. For non-service inventions and creations completed by an inventor or designer, the right to apply for a patent belongs to the inventor or designer. The inventor or designer referred to in the Patent Law refers to a person who has made outstanding contributions to the substantive features of an invention. Persons who are only responsible for organizational work, persons who facilitate the utilization of material conditions, or other persons who perform auxiliary work during the completion of an invention and creation shall not be considered as inventors or designers.
③Co-inventor and co-designer. An invention-creation completed by the collaboration of two or more units or individuals is called a joint invention-creation, and the person who completes the invention-creation is called a co-inventor or co-designer. Unless otherwise agreed, the right to apply for patents for joint inventions and creations belongs toCo-inventors, after the application is approved, the patent rights belong to the co-inventors jointly. For inventions and creations completed by a unit that accepts research and design tasks entrusted by other units, unless otherwise agreed, the right to apply for a patent belongs to the unit that completed the invention. After the application is approved, the patent right will be owned or held by the unit that applied.
Patent application rights or transfers of patent rights involving overseas residents or legal persons shall comply with the following provisions:
(1) If both the transferor and the transferee are overseas residents or legal persons, the original copy of the transfer contract signed by both parties or a notarized copy must be submitted to the Patent Office;
(2) If the transferor is a legal person or individual in mainland China, and the transferee is an overseas resident or legal person, the transfer approval document must be issued by the foreign economic and trade department of the State Council in conjunction with the science and technology administration department of the State Council, and the transfer The original copy of the transfer contract signed and sealed by both the party and the transferee or a notarized copy of the transfer contract;
(3) The transferor is an overseas resident or legal person , if the transferee is a legal person or individual in mainland China, the original copy of the notarized transfer contract signed by both parties must be issued to the Patent Office;
(4) The above-mentioned patents The procedures for changing the bibliographic items of the transfer of application rights or patent rights must be handled by the transferor's applicant or patentee or the agency entrusted by them.
Overseas residents or legal persons in the above (1)-(3) refer to foreigners and foreign enterprises that do not have a habitual residence or business office in mainland China. Hong Kong, Residents or legal persons in Australia and Taiwan; those who have a habitual residence or business office in mainland China can apply for patent application rights and transfer of patent rights in accordance with the regulations of Chinese residents or legal persons.
Because patents are the fruits of labor of the patentee, there is no doubt that once the patent application is successful, it will be protected by our country's laws, so we should strictly Use patents in accordance with the relevant provisions of patent rights. To learn more about legal knowledge, please go to the Legal Savior website for professional consultation.
