The patent right enjoyed by the patentee, that is, the right granted by the state to the patentee or his successor to exclusively use his invention and creation within a certain period of time, emphasizes the right here. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law.
The entry into force of the patent is related to the time node. If the patent is invalid before his application date, it can be restored for other reasons. If there is no authorization before, then this reason will be declared invalid. So if you want to register a patent, you must go through the relevant procedures in advance. Only in this way will your normal life not be affected. Patent application has very strict standards. You can take relevant documents to the local trademark office for consultation.
It should be noted that in daily life, people usually confuse the two concepts of "patent" and "patent application". For example, some people claim that they have patents, and their patent applications have not been authorized. In fact, a patent application can only be called a patent application before it is authorized. If it is finally authorized, it can be called a patent and enjoy the exclusive right to use the technical scope it requests to protect. If it is not authorized by a patent, it will never have a chance to become a patent. That is to say, although he submitted a patent application, he did not obtain the exclusive right to use the technical scope he requested to protect. Obviously, the gap between the two results represented by these two concepts is huge.
Here, although the first two meanings of patent are different, they are all intangible, and the third meaning refers to tangible matter.
The word "patent" can refer to only one of the meanings, or it can contain more than two meanings, and the specific situation must be viewed in context.
Regarding the concept of "patent", people generally think that it is a document issued by a patent institution according to an invention application, which describes the content of the invention and creates a legal state, that is, a patented invention can only be used (including manufacturing, use, sales and import, etc.). ) with the permission of the patentee.
legal ground
According to Article 69 of the Patent Law, a person who has manufactured the same product, used the same method or made corresponding preparations before the filing date, and continues to produce and use it within the original scope shall not be regarded as patent infringement.
Therefore, as long as there is evidence, there is no infringement. Because the patent right takes effect from the date of announcement, that is, after authorization, the announcement of actual appearance is authorization. However, the invention application needs substantive examination, so there is a temporary protection period (that is, from the date of publication to the date of authorization), and only an appropriate royalties can be paid. If not, the patentee has a two-year prosecution period.