(1) exclusivity
Exclusivity, also known as exclusivity or exclusivity. The patentee enjoys exclusive or exclusive rights to the patent he owns, and no one may use it without his permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights).
(2) timeliness
Timeliness means that the legal protection for patentees is not indefinite, but limited. Beyond this time limit, it will no longer be protected, and the patent right will immediately become the common wealth of mankind and anyone can use it.
(3) regionality
Regionality means that any patent right can only be produced in a certain area and protected by law. This is another important legal feature different from tangible property. According to this feature, patent rights obtained according to the laws of one country are only protected by law in that country, but not in other countries unless there is a bilateral patent (intellectual property) protection agreement between the two countries.
2. In addition to the above three main features, the patent right also has the following legal features:
(1) Patent right is the right of two kinds of rights, both personal rights and property rights.
(2) The patent right is granted by the Patent Office.
(3) The occurrence of patent right is based on the disclosure of invention achievements.
(4) The patent right is enforceable. If the patentee does not implement or does not allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.
Extended data:
The main contents of the patent right:
1. Licensing right: refers to that the patentee can license others to exploit his patented technology and collect royalties. Where another person is licensed to exploit a patent, the parties concerned shall conclude a written contract.
2. Transfer right: the patent right can be transferred. Where a patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the patent right shall take effect from the date of registration. Where a unit or individual in China transfers a patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
3. Marking right: means that the patentee has the right to mark the patent mark and patent number on his patented product or the packaging of the product.
References:
Official website, China National Intellectual Property Administration: People's Republic of China (PRC) Patent Law (revised in 2008)
Baidu encyclopedia-patent right