Are patent rights protected by special laws?

In our country, according to relevant laws and regulations, once a patent application is successfully applied for, you will have relevant Patent rights. Patent rights are protected by special laws. There are three aspects to the protection of patent rights in our country, namely administrative protection, civil law protection and criminal law protection. Therefore, the patent rights granted are protected by special laws. Regarding the question of whether patent rights are protected by special laws, the editor of Legal Savior Network will give you a detailed answer below.

1. Are patent rights protected by special laws?

1. Patent rights protected by special laws. The legal protection of patent rights has a certain scope. In our country, patent rights are subject to administrative protection in our country. The so-called administrative protection means that my country's law enforcement agencies use relevant administrative means to legally protect the patent rights that need protection through administrative procedures.

2. If the party uses illegal means to infringe the patent without the permission of the owner of the patent right, then the owner of the patent right The patentee may apply to the relevant patent office for processing. When the patent management agency receives an application from the patentee, it needs to warn the party committing the infringement and order the party to stop infringement against the patent owner and to compensate for related losses.

3. In our country, patent rights are protected by our country’s civil law. In our country's judicial practice, in most cases where infringement of other people's patent rights occurs, it is a civil infringement. Therefore, based on this situation, my country's civil law is necessary to protect patent rights, and it is a very important way of protection.

4. If the patentee is infringed upon by others, he can file a lawsuit with the relevant people's court when the infringement occurs. Prosecute and hold the infringer civilly liable. After receiving the lawsuit, the People's Court will take relevant measures to protect the rights of the patentee after verifying that the situation is true.

5. One thing that needs special attention is that under the protection of my country's civil law, the statute of limitations for patent infringement is generally three years. The calculation method starts from the day of infringement, or the day when the patentee learns that his rights have been infringed.

6. In our country, patent rights are also subject toprotection under our country’s criminal law. The reason why patent rights are protected by my country's criminal law is that when infringement of patent rights occurs, it may cause particularly serious consequences. When a particularly serious infringement occurs, it will constitute a criminal offense in my country. At this time, It is necessary to investigate the criminal liability of the infringer through our country's criminal law. Better protect the legitimate rights and interests of patent holders.

4. Legal basis: "Patent Law of the People's Republic of China"

Article 11 After the invention and utility model patent rights are granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, offer for sale, or sell the invention or utility model for production and business purposes. , import its patented products, or use its patented methods and use, offer to sell, sell, or import products directly obtained according to the patented methods. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes.

2. Does the legal protection of patent rights have scope?

The legal protection of patent rights has a certain scope.

1. The protection scope of invention patents and utility model patents is mainly as follows:

According to the specific relevant provisions of my country's "Patent Law of the People's Republic of China", the scope of protection of invention patents or utility model patents in my country is mainly based on the content of its claims. One thing to note is that for invention or utility model patents, its description or drawings can be used to explain the relevant claims.

2. The scope of protection of patent rights in design is mainly as follows:

According to The specific relevant provisions of my country's "Patent Law of the People's Republic of China" explain that the scope of protection for design patent rights is mainly based on the design patent product shown in the picture or in the picture.

To sum up, in our country, according to relevant laws and regulations, once a patent application is successfully applied for, it has the relevant patent rights.of. Patent rights are protected by special laws. There are three aspects to the protection of patent rights in our country, namely administrative protection, civil law protection and criminal law protection. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.