The term of the invention patent right is 2 years, and the term of the utility model patent right and the design patent right is 1 years, counting from the date of application. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right.
Patent Right
patent right, referred to as "patent" for short, is the exclusive right to exploit a specific invention and creation within a certain period of time, which is a kind of intellectual property right. China promulgated the Patent Law in 1984 and the detailed rules for its implementation in 1985, which made specific provisions on related matters.
patent right refers to the right of the patentee to exclusively use, benefit from and dispose of his invention and creation within the scope prescribed by law, and to exclude interference from others. Patent right has timeliness, regionality and legal certainty.
Legal characteristics of patent right:
1. Patent right is a right of two rights, including personal right and property right.
2. The patent right must be granted by the Patent Office.
3. The occurrence of patent right is based on the disclosure of invention achievements.
4. The patent right is exploitable. If the patentee does not implement or does not permit others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent. ?
scope of patent protection
the scope of protection of the patent right for an invention or utility model shall be subject to the contents of its claims, and the description and drawings can be used to explain its claims. It means that the scope of protection of the patent right shall be determined by the necessary technical features clearly recorded in the claims, including the scope determined by the features equivalent to the necessary technical features.
Equivalent features refer to features that achieve basically the same functions and effects by basically the same means as the recorded technical features, and can be associated by ordinary technicians in this field without creative labor.
the protection scope of the design patent right shall be subject to the patented product of the design shown in the picture or photograph. The protection scope of the patent right of design depends on two aspects: one is the design expressed in the picture or photograph; The second is the range of products used in the design specified when the patent is granted. Determining whether the designs are the same or similar should be based on similar products.
References:
Patents.