Rights of patentee

According to Paten Law, the patentee enjoys the following rights: (1) exclusive right. The patentee shall be entitled to possess, use, benefit from and dispose of the patent, and no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process, or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes. (2) Assignment right. The right of patent application and the patent right itself may be assigned. According to Patent Law, If a Chinese entity or individual wishes to assign a right of patent application or a patent right to a foreigner, it or he must obtain the approval of the relevant competent department under the State Council.

Where the right to apply for a patent or the patent right is assigned, the parties shall conclude a written contract and register it with the patent administration department under the State Council. The patent administration department under the State Council shall announce the registration. The assignment shall take effect as of the date of registration. (3) Permission. any entity or individual exploiting the patent of another must conclude a written licensing contract with the patentee and pay the patentee a fee for the exploitation of its or his patent. The licensee shall not have the right to authorize any entity or individual other than that referred to in the contract to exploit the patent. (4) Mark. The patentee shall have the right to affix a patent marking and indicate the patent number on the patented product or on the packaging of that product. And an inventor or designer shall have the right to name himself as such in the patent document. (5) Protection from infringement. The patentee may request the administrative authority for patent affairs to handle the matter, or institute legal proceedings in the people's court, when an infringement appears. (6) Right to renounce patent right. The patentee is entitled to renounces his or its patent right by a written declaration.