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What are the main characteristics of patent rights?

The patent right is a kind of exclusive right granted to the patentee by the patent administration department under The State Council in accordance with the law and legal procedures. It is a kind of intangible property right, compared with tangible property, has the following main characteristics.

(1) It is exclusive. The so-called monopoly is also called monopoly or exclusivity. Patent right is a kind of exclusive right granted to the applicant or its legal assignee by the competent government department according to the application of the inventor or the applicant that the invention meets the conditions stipulated in the patent law. It is exclusively owned by the right holder, and the patentee has the right to possess, use, benefit and dispose of the object of his right (i.e., invention and creation).

(2) It has time. The so-called timeliness of the patent right means that the patent right has a certain time limit, that is, the protection period stipulated by law. The patent laws of different countries have their own provisions on the effective protection period of patent rights, and the starting time of calculating the protection period is also different. Article 42 of the Patent Law stipulates: "The term of patent right for invention shall be 20 years, and the term of patent right for utility model and design shall be 10 years, counted from the date of filing."

(3) Regional. The so-called regionalism is the spatial limitation of patent rights. It means that the patent rights granted and protected by a country or a region are only valid within the scope of that country or region, and have no legal effect on other countries and regions, and their patent rights are not recognized and protected. If the patentee wishes to have a patent in another country, then he must file a separate patent application in accordance with the laws of that other country. No country recognizes patent rights granted by other countries or international intellectual property authorities, unless otherwise provided by international treaties and bilateral agreements to which it has acceded.

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