What is a patent right that cannot bring economic benefits
Patent personal rights mainly refer to the right of patent inventors and designers to state in patent documents that they are the inventor or designer of the patent, that is, the right of signature. The right of signature does not disappear due to the transfer of patent property rights. In addition, there is also the right to modify patent documents.
The rights of the patentee include two aspects: patent personal rights and patent property rights.
(1) Patent personal rights
Patent personal rights mainly refer to patent inventors and designers You have the right to state in the patent document that you are the inventor or designer of the patent, that is, the right of signature. The right of signature does not disappear due to the transfer of the patent property rights. In addition, there is also the right to modify patent documents.
(2) Patent property rights
Patent property rights mainly include the following three aspects:
p>
1. Exclusive right. It means that only the patentee has the right to manufacture, use and sell his invention and creation, and has exclusive rights to the patent. No natural person, legal person or other organization can use, manufacture or sell patented products without permission and without paying remuneration;
2. Permission. It refers to the conditional permission of the patentee to others to use its patented technology. Specifically, the patentee (called the "licensor"), by signing a contract, allows others (called the "licensee") to use all or part of the technology for the patented invention under certain conditions.
3. Right to transfer.
The patent system occupies an important position in the civil system because of the property interests it embodies. According to the relevant legal provisions of the Patent Law of the People's Republic of China, the amount of compensation for infringement of rights shall be based on the loss or infringement suffered by the right holder due to the infringement.The benefits obtained by the right holder due to the infringement shall be determined; if it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, they shall be reasonably determined by reference to a multiple of the license fee for the right. The provisions on the protection of patent rights are conducive to protecting the legitimate civil rights and interests of equal civil subjects in civil activities.
Generally speaking, the rights of the patentee include two aspects: patent personal rights and patent property rights. Whether it is patent personal rights or patent property rights, as long as it is When someone else infringes the patent rights of the patentee, the patentee in my country can seek legal protection and file a lawsuit in the People's Court in a timely manner.
What is a patent right that cannot bring economic benefits? If you need more experienced advice or want to find a local lawyer, there are two ways:
p>1. Click #Looking for a Lawyer#, you can choose the same city, field, and whether you are online And telephone consultation service!! Private consultation on personal legal issues. Quickly solve your problems!
2. Click #find a lawyer#→Search by expertise→Select dispute expertise→Consult me→Finally click on telephone consultation. If you don’t want to call right away, you can also buffer and consult online
Is it necessary to hire a lawyer when going to court? What are the benefits of hiring a lawyer?
If you and the other party disagree on the facts of the case, the evidence is confusing, or the legal issues are difficult, or the outcome of the case has a negative impact on your If the impact is particularly large, it is still necessary to hire a lawyer to participate in the entire process. A lawyer can do two things for you:
(1) Run errands and handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with the clerk and the handling judge, mediating, appearing in court, etc.
(2) Help you answer your questions, reduce the risk of losing the lawsuit, and increase the probability of winning the lawsuit. For example, you can ask a lawyer to analyze and provide advice, telling you what you can and cannot do, whether you should preserve and notarize it in advance, and the lawyer can help you write a complaint and defense statement to clear the evidence.Single cross-examination of opinions, back-and-forth debates with the other party in court, statements of views to the judge, and then negotiation and mediation with the other party, etc.
All in all, the role of a serious lawyer for clients is to save time and energy, improve efficiency, and maximize the protection of legal rights.
[Warm reminder] Don’t panic when you encounter similar problems. Click on consultation to quickly find a professional and suitable lawyer. One-to-one in-depth communication on legal needs, 3 to 15 minutes Get answers.