Patent rights are an exclusive right granted to the patentee by the patent administration of the state council in accordance with the law and in accordance with the procedure established by law. It is an intangible property right and has the following main characteristics in relation to tangible property。
(1) be exclusive. So-called exclusivity is also referred to as monopoly or exclusivity. Patent rights are a privilege granted to the applicant or his/her lawful transferee by a governmental authority upon application by the inventor or applicant that the invention meets the conditions set out in patent law. It is the exclusive owner, and the patentee has the right to possess, use, gain and dispose of the object (i. E. Invention) of its rights。
(2) time-sensitive. The temporal nature of patent rights means that patent rights are subject to a certain time limit, i. E. The period of protection provided by law. Patent laws in various countries provide for the duration of effective protection of patent rights, and the starting times for calculating the duration of protection vary. According to article 42 of our patents act, “the duration of patenting an invention is 20 years, the duration of patenting a functional new type of patent is 10 years, and the duration of patenting a visual design is 15 years, calculated from the date of application”
(3) geographical. Geographicality is the spatial limitation of patent rights. It means that patents granted and protected by a state or region are valid only within that state or region and do not have legal effect on other states and territories, and their patent rights are not recognized and protected. If the patentee wishes to have a patent in another country, a separate patent application must be filed in accordance with the law of another country. Unless otherwise provided in international treaties and bilateral agreements, no state recognizes patents granted by other states or international intellectual property bodies。
