Patent common sense five questions (1)

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What is a patent?
Patent is short for patent right, it is the state in accordance with the patent law to grant the applicant within a certain period of time to enjoy the exclusive, use and disposition of the results of its invention and creation。It is a kind of property rights, is the use of legal protection means "horse racing", monopolizing the existing market, seize the potential market powerful weapons。

What is Patent law?

The patent law is a law that regulates various social relations arising from the ownership and implementation of inventions and creations, and is an important economic regulation of the country。The main contents of the Patent Law include: the ownership of the right to apply for a patent and the patent right, the conditions for granting the patent right, the procedure for application, examination and approval of the patent, the rights and obligations of the patentee, the term, termination and invalidity of the patent right, the compulsory license for exploitation of the patent right and the protection of the patent right。


What are the characteristics of the patent?

(1) Exclusivity: patent is an intangible property right, exclusive in nature, anyone who wants to implement the patent, unless otherwise provided for by law, must get the patentee's permission, and pay royalties according to the agreement between the two parties, otherwise it is infringement。

(2) Timeliness: the patent right is only valid for a certain period of time, after the expiration of the patent right does not exist, the invention and creation it protects becomes the common wealth of the whole society, and anyone can freely use it. The term of the patent right is stipulated by the patent law。

(3) Regionalism: a patent granted by a country is only valid in the country of the authorizing country, and does not have any legal binding force on other countries, and the effect of the patent granted by each country is independent of each other。


What are the rights of the patentee?

After the grant of a patent right for an invention-creation, the patent Law shall protect the patent right from infringement。According to the provisions of the Patent Law, the patentee enjoys the following rights:



If you get a patent, it's forever?

The invention shall be legally protected only within the term of patent protection, and anyone may use it free of charge when the term expires or the patent right is lost midway。An invention is protected by law in the country where it is patented, but not in other countries。


The author: Guangzhou Zhongxin Intellectual Property Services Co., LTD

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