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What are the characteristics of a patent?

A patent is a part of intellectual property and is an intangible property with characteristics that are different from other properties.

1. Exclusivity

It means that the same invention cannot be manufactured, used or sold by anyone else without permission within a certain area, otherwise it is an infringement. A patent does not have strict exclusivity in practice.

2. Regional

Regional refers to the fact that a patent right is a right with a regional scope, which is only valid in the legal jurisdiction. Except in some cases, according to the international conventions for the protection of intellectual property rights, and individual countries recognize the validity of a patent granted in another country, a patent is granted in whichever country the technical invention is patented in, and it is only valid within the scope of the country where the patent is granted, while it is not legally binding on other countries, and other countries do not assume any obligation to protect it. However, the same invention can be patented in two or more countries at the same time, and after its approval, its invention can be legally protected in all applicant countries.

3. Temporality

Temporality refers to the fact that a patent is valid only for the period of time specified by law. After the expiration of the effective protection period of a patent, the patent right enjoyed by the patentee is automatically lost and cannot be renewed in general. The invention becomes a public asset with the end of the term of protection, and others are free to use the invention to create products. The length of legal protection of a patent is regulated by the patent law of the country concerned or by the relevant international convention. At present, the patent laws of various countries around the world provide for different periods of patent protection. Article 33 of the Agreement on Intellectual Property Rights provides that a patent “shall be protected for a period of not less than the end of the twentieth year from the date of filing of the application”.

4. Enforceability

Except for a few countries such as the United States, the majority of countries require the patent owner to implement the patent right within a certain period of time in the country where the protection is granted, i.e., to manufacture products using the patented technology or to transfer the patent.

A patent is actually a special contract between an individual or an enterprise and the state. The price for the individual and the enterprise is to disclose the technology, and the price for the state is to allow a certain period of time for the monopoly right to operate.

5. Exclusivity

Exclusivity refers to the exclusive right of the patentee to his invention according to law.

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