What rights does a method invention Patentee have?
(1) Exclusive implementation After a patent right for an invention or utility model is granted, unless otherwise provided by the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, or sell for the purpose of production and business operations. Selling or importing its patented products, or using its patented methods and using, promising to sell, selling, or importing products directly obtained according to the patented methods. Therefore, the exclusive enforcement rights of product invention patentees and utility model patentees specifically include the right to manufacture, use, promise to sell, sell and import the patented products; the exclusive enforcement rights enjoyed by method invention patentees are , in addition to the exclusive right to use the patented method, also includes the right to use, the right to sell, the right to sell and the right to import the products directly obtained according to the patented method. The promise to sell here refers to the expression of intention to sell goods by means of advertising, displaying in shop windows, or exhibiting at trade fairs.
After the design patent right is granted, any unit Or individuals are not allowed to exploit their patents without the permission of the patentee, that is, they are not allowed to manufacture, sell, or import their patented design products for production and business purposes. It can be seen that the exclusive right to implement a design patent includes the right to manufacture, sell and import the patented product.
(2) Implementation license
It means that the patentee can license others to implement Its patented technology and collects patent royalties. To license others to exploit a patent, the parties shall enter into a written contract.
(3) Transfer right
Patent rights can be transferred. If a patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall approve the transfer.Announcement, the transfer of patent rights takes effect from the date of registration. Any transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities under the State Council.
(4) Right of labeling
It refers to the rights that the patentee enjoys in its patented products. or the right to display the patent mark and patent number on the packaging of the product.
What are the obligations of the patentee
Patentee The main obligation is to pay patent annual fees. Article 43 of the Patent Law stipulates: The patentee shall pay annual fees starting from the year when the patent right is granted. Failure to pay the annual fee as required may result in the termination of the patent right.
In addition, the unit that obtains a service invention-creation patent shall, after granting the patent right, reward the inventor or designer in accordance with regulations; after the patent is implemented, according to its For the economic benefits obtained from the promotion and application, reasonable remuneration shall be paid to the inventor or designer in accordance with regulations.
The above is the relevant information compiled by the editor of Legal Savior Network for everyone. To sum up, we can understand that the patentee's rights can generally be transferred and a corresponding fee charged, but the use of the patent by an unauthorized user is generally an infringement. If you have any other questions, please feel free to consult online.
