Who enjoys the patent right?
Rights of the patentee It includes two aspects: patent personal rights and patent property rights. Patentee refers to the units and individuals who can apply for and obtain patent rights, that is, the subject of patent rights.
The rights enjoyed by the patentee are patent rights. It mainly manifests as the patentee’s exclusive right to the patented invention.
The effectiveness of this exclusivity is reflected in two aspects: the patentee enjoys exclusive rights. The effectiveness of this exclusive right is reflected in two aspects: on the one hand, the patentee has the right to possess, use, benefit from and dispose of his invention and creation, which is specifically reflected in the patentee's manufacturing rights, use rights, sales rights, import rights, etc. On the other hand, the patentee has the right to prohibit anyone else from dominating the patent, which is embodied in the patentee’s right of prohibition.
In addition, the patent rights enjoyed by the patentee also include patent rights, transfer rights, waiver rights, marking rights, etc.
Inventions and creations as mentioned in Article 2 of "Patent Rights" in this Law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design.
Article 3 The Patent Administration Department of the State Council is responsible for managing patent work nationwide; uniformly accepting and examining patent applications, and granting patent rights in accordance with the law.
The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions.
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Entrust a lawyer to file a lawsuit What matters should be paid attention to
(1) Qualifications to be reviewed
Lawyer Law According to the regulations, a lawyer refers to a person who has obtained a lawyer's practicing certificate in accordance with the law and provides legal services to the society. Persons who have not obtained a lawyer's practicing certificate are not allowed to practice law in the name of lawyers, and are not allowed to engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when a client hires a lawyer, he or she must check the lawyer's qualifications to see if he or she has a lawyer's practicing certificate.
(2) Understand the organization
A law firm is the practice organization of lawyers. To hire a lawyer, you need to go to a law firm to find out about the lawyer's practice. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to a client due to his fault, the law firm where he works shall bear the liability for compensation.
(3) An agreement must be signed
When hiring a lawyer, a written agreement must be signed to include the parties’ The relationship between rights and obligations must be clearly agreed, especially when it comes to hiring a lawyer. Don’t be careless about the cost of hiring a lawyer. Be sure to state how much it will cost if you win the case and if you lose the case, as well as how much the first-instance and second-instance fees will be. These must be written in the agreement. Be clear and ask for a receipt when paying.
(4) Authorization must be clear
When some parties hire a lawyer, although A power of attorney was filled out, but the scope of authorization was unclear. Thinking that as long as you pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and are not clear about the outcome of the case. Who knows, but the authorizer will be held responsible for the legal consequences of unclear authorization.
(5) Pay carefully
[Warm reminder] If you have similar legal problems, the details and evidence are different, and the answers will be different. It is recommended to consult a lawyer and you will get a professional answer in only 3 to 15 minutes!
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