Patent personal rights mainly refer to the patent inventor, The designer has the right to state in the patent document that he is 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.
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:
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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 determined based on the losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement; the losses suffered by the infringed party or the benefits gained by the infringer If the benefit is difficult to determine, it shall be reasonably determined by reference to the multiple of the license fee. 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 someone else infringes the patent rights of the patent owner, At this time, the patentee in our country can seek legal protection and file a lawsuit in the People's Court in a timely manner.
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