What are the benefits and obligations of the patent owner?

Under the patent law, a patent owner has the following rights:

  1. The right to use the patented invention or utility solution exclusively;
  2. The right to transfer or assign the patented invention or utility solution;
  3. The right to license all or parts of the patented invention or utility solution;
  4.  The right to sue infringers.

The “use” of the patented invention includes manufacturing, using, importing, advertising, and transporting goods manufactured according to the patented invention. Infringement means any act that violates the exclusive right to use, and the right to assign or license.

The patent law also excludes from infringement certain non-infringing uses. Such uses include:

  1. Non-economic and private use;
  2. Use and transportation of goods put on the market by the owner; and
  3. Use by third parties who have used the patented invention prior to the effective filing date of the patented invention (Prior uses). The prior users may continue to use, but cannot expand or transfer the current uses, unless the whole prior use right is transferred together with the business establishment where the prior use is undertaken.