What is the difference between intellectual property and patents
The so-called intellectual property is the result of independent research and development by an individual, while a patent is protection under my country’s Copyright Law.
Patent is the most basic concept in patent law. It generally has three meanings in society: first, it refers to Patent rights; second, it refers to inventions and creations protected by patent rights; third, it refers to patent documents.
It is difficult for inventions and creations that are not protected by patents to solve these problems. Anyone can use this invention and creation after its content is leaked. After an invention is granted a patent, the patent law protects the patent from infringement. Anyone who wants to exploit the patent must obtain the permission of the patentee and pay royalties as agreed by both parties, otherwise it is an infringement. . The patentee has the right to ask the infringer to stop the infringement. If the patentee suffers economic losses due to the infringement of the patent right, he can also demand compensation from the infringer. If the other party refuses these requests, the patentee has the right to request the patent administration department to handle the matter or to file a lawsuit in the People's Court. Patent rights are a type of intellectual property rights, which are different from tangible property rights and have time and geographical limitations. Patent rights are only valid for a certain period of time. After the expiration of the period, the patent rights no longer exist. The inventions and creations protected by it become the common wealth of the whole society and anyone can freely use it. The validity period of patent rights is stipulated by the Patent Law.
Geographical restrictions on patent rights refer to patent rights granted by a country. They are only valid within the legal jurisdiction of the country where the patent was granted and do not have any legal constraints on other countries. force. The effectiveness of patent rights granted by each country is independent of each other. Patent rights do not automatically arise with the completion of inventions and creations. Applicants need to apply to the Patent Office of the State Intellectual Property Office in accordance with the procedures and procedures stipulated in the Patent Law. After review by the Patent Office of the State Intellectual Property Office, they are deemed to comply with the provisions of the Patent Law. Patent rights are granted only upon application. If the applicant does not apply to the Patent Office of the State Intellectual Property Office, no patent right will be granted no matter how important the invention is or how economically beneficial it is. For inventions and creations that obtain patent rights, the content of the invention must be fully disclosed in the claims, descriptions, or pictures and photographs, because when turning an intangible invention and creation into a right such as a patent right, it depends on the claims, pictures, and photographs.Use videos to delineate the scope of protection, and these disclosed contents are the only basis to support the existence of rights. The description, claims, pictures, and photos that record the content of the invention and creation are the most important parts of the patent document.
Patents generally refer to invention patents internationally. In addition to invention patents, my country's patent law also stipulates utility model and design patents, and stipulates that the validity period of invention patents after approval is 20 years from the date of application, and the validity period of utility model and design patents is 10 years from the date of application.
Intellectual property rights refer to the exclusive rights that citizens, legal persons or other organizations enjoy in accordance with the law over the intellectual achievements completed by creative labor in science and technology or culture and art. . This definition includes three meanings:
(1) The object of intellectual property is the intellectual achievements of people, which some people call spiritual (wisdom) outputs. This kind of output (intellectual achievement) also belongs to a kind of intangible property or intangible property, but it is different from the kind of intangible property that belongs to physical products (such as electrical), and the kind of intangible property that belongs to rights (such as mortgage rights). , trademark rights), it is a direct product of human intellectual activity (brain activity). This kind of intellectual achievement is not just thought, but the expression of thought. But it is different from the carrier of thought.
(2) The right subject’s exclusive use of intellectual achievements is similar to ownership in property rights, so it was classified as property.
(3) The benefits obtained by the right holder from intellectual property rights are both economic and non-economic in nature. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from personality rights, family rights (the benefits are mainly non-economic), and property rights (the benefits are mainly economic).
Intellectual property rights include: industrial property rights and copyright (called copyright in our country).
Patents are only one type of intellectual property rights, and the scope of intellectual property rights is far greater than patents. The main significance of independent intellectual property rights lies in innovation and protection.
Okay, the above is the legal knowledge about intellectual property rights that Hualu editor brought to you today. I hope you have a complete understanding of this issue. , and let you know what to do next for the problem you encounter. If you encounter such a problem, you must use legal weapons to defend yourself. If you need legal advice, please enter the Legal Savior website and consult a professional lawyer. I believe there will be a perfect solution.reply.
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