Patent is a kind of intellectual property, so it also has the characteristics of intellectual property, that is, timeliness, regionality, impersonality and exclusiveness. Timeliness means that the exclusive right of the patentee is only valid within the legal time. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to the invention-creation, and the invention-creation originally protected by law becomes social public wealth that any unit or individual can use for free. Regionality means that the patent right is generally valid only in the country where the right is granted, and in principle it is not recognized and protected in other countries. Intangible, also known as immateriality, means that the object of patent right is intellectual achievement, which has no material form and cannot be actually possessed by people objectively. Exclusivity means that unless otherwise provided by law, no unit or individual may exploit its patent without the permission of the patentee. Exclusivity is also called exclusivity or monopoly.
Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC).
An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.