What rights does the patentee have over its patented products?

In practice, many of us may come across issues related to the Patentee's patented products, but because we don't know much about it, many things are not clear. Regarding this issue, next, the editor of the Legal Savior Network has compiled some relevant information and will let you know together with your friends what rights the patentee has over its patented products.

What rights do patentees have over their patented products

1. Exclusive right to implement

The exclusive right to implement includes two aspects:

(1) The patentee’s right to implement his patent himself, that is, the patentee’s right to The exclusive right to manufacture, use, sell, and permit sales of its patented products, or the patentee’s exclusive right to use its patented method and the exclusive right to use products directly obtained according to the patented method. and sales rights;

(2) The patentee’s privilege to prohibit others from exploiting its patent. Except as otherwise provided by the Patent Law, invention and utility model patentees have the right to prohibit any unit or individual from implementing their patent without their permission, that is, manufacturing, using, selling, allowing the sale, and importing their patented products for production and business purposes. Or use its patented method and use, sell, allow the sale, and import products directly obtained according to the patented method; the design patentee has the right to prohibit any unit or individual from implementing its patent without its permission, that is, manufacturing, Sales and import of its patented design products.

2. Right of transfer

It means that the patentee transfers the ownership of the patent he has obtained to others. s right. When transferring patent rights, the parties concerned 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 rights takes effect from the date of registration. Any transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities under the State Council.

3. License implementation right

The license implementation right refers to the right of the patentee to implement the license contract method, the right to license others to exploit its patent and receive royalties.

4. Marking rights

Marking right means that the patentee has the right to decide whether to display the patent mark and patent number on its patented product or the packaging of the product.

5. The right to request protection

The right to request protection is when the patentee believes that its patent rights have been infringed. At the same time, they have the right to file a lawsuit in the People's Court or request the patent management department to protect their patent rights. Protection of patent rights is the core of the patent system. If others exploit the patent without the patent owner's permission, infringing the patent rights and causing disputes, the patent owner may directly file a lawsuit in the People's Court, or request the patent management department to handle it.

6. Right to waive

The patentee may at any time before the expiration of the patent protection period , declare in writing or voluntarily waive its patent rights by not paying annual fees. The Patent Law stipulates: "If the patentee gives up his patent rights in a written statement," the patent rights will be terminated before the expiration of the term. After the patentee makes a declaration of abandoning the patent right, its patent right can be terminated once it is registered and announced by the Patent Administration Department of the State Council.

You need to pay attention when giving up patent rights:

A. When the patent rights are owned by two or more units or individuals When the patent is shared, it must be waived with the consent of all patent holders;

B. The patent holder has signed a patent license contract with others to allow others to exploit its patent. Under certain circumstances, when giving up the patent right, the licensee's consent must be obtained in advance, and the licensee must be compensated for the resulting losses according to the contract. Otherwise, the patentee shall not give up the patent right at will.

7. Pledge rights

According to the Civil Code, the patentee also has the right to pledge its patent rights. The right to pledge property rights.

Relevant knowledge; obligations of the patentee

In accordance with the provisions of patent law and relevant international treaties, The obligations that the patentee shall perform include:

1. The obligation to pay annual patent fees as required

Patent annual fee is also called patent maintenance fee. The Patent Law stipulates that the patentee shall be grantedAnnual fees are payable starting from the year of patent rights.

2. Obligation not to abuse patent rights

Not to abuse patent rights means that the patentee shall Choose ways to utilize patent rights within the scope permitted by law and exercise your rights appropriately, without infringing upon the intellectual property rights and other legitimate rights and interests of others.

I hope that through the above content you can have a deeper understanding of some issues related to the patentee's patented products. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.