What are the rights of the patentee?

The rights of the Patentee include patent ownership, patent implementation rights, patent licensing rights, patent transfer rights, patent prohibition rights, etc. Regarding the questions about the rights of patentees, the editor of Legal Savior Network will answer them in detail for you below.

1. What are the rights of the patentee

1. Patent rights People's rights include patent ownership, patent implementation rights, patent licensing rights, patent transfer rights, patent prohibition rights, etc. The patentee is the subject enjoying patent rights. The patentee includes the owner and holder of the patent right.

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

Article 10 Patents Application rights and patent rights are transferable. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations.

When transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

Article 12 Any unit or individual that exploits another person's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.

Article 77: Use, offer for sale or sell for production and business purposes patent-infringing products that are not known to be manufactured and sold without the permission of the patentee , if it can prove the legal source of the product, it will not be liable for compensation.

2. How does the patentee protect its rights after discovering patent infringement

When a patentee believes that his Chinese patent has been infringed

he should first notify the other party Conduct a careful comparative analysis between the technology and your own patented technology to see whether the other party’s technical features are indeed protected by your own patent.within the scope to determine whether patent infringement is established.

Then, the patentee should also analyze the patentability of its Chinese patent rights to determine its validity. After patent infringement is established, the next step can be taken. It is best to entrust a Chinese patent lawyer to analyze whether it constitutes patent infringement and provide legal advice. Because Chinese patent lawyers are familiar with Chinese laws and analyze from an objective standpoint, their legal opinions are relatively objective and can be used as a reference for decision-making.

The rights of the patentee include patent ownership, patent implementation rights, patent licensing rights, and patent transfer rights. , patent prohibition rights, etc. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.