1. What rights does patent right include?
1. Patent right includes the following Rights: exclusive implementation rights, licensing rights, transfer rights, marking rights, patent pledge rights, prohibition rights, rights to request protection, rights to waive, rights to claim for infringement compensation and other patent rights stipulated by law.
2. Legal basis:
The "People's Law of the People's Republic of China" effective on June 1, 2021 Article 2 of the Patent Law of the Republic of China, “inventions and creations” as mentioned in this law refers to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Article 64 of the "Patent Law of the People's Republic of China", the scope of protection of invention or utility model patent rights shall be based on the content of the claims, the description and The drawings may be used to explain the content of the claims. The scope of protection of a design patent right is based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.
2. What specific rights does the patentee have
1. Exclusive right to implement: No unit or individual may implement its patent without the permission of the patentee; and the rightsholder can exclusively manufacture patented products , can exclusively use the patented technology/design, and can exclusively sell patented products.
2. Right of transfer: The right holder has the right to transfer the ownership of the patent he has obtained to others, but not to foreigners.Patent rights need to be approved by relevant departments.
3. License implementation right: The right holder can authorize others to implement the patent and charge a certain fee.
4. Right to mark: Patent marks and patent numbers can be indicated on patented products and their packaging.
5. The right to request protection: When a patent is infringed, the person has the right to request the People's Court and the patent management department to stop the infringement.
6. Right to waive: You can declare in writing to waive your patent rights.
7. Pledge rights: You can pledge your own patent rights for financing.
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