1. According to the patent law, what is the patentee?
1. The patentee refers to the unit or individual who can apply for and obtain patent rights, that is, the subject of the patent right. Types of patentees Patentees include three types:
①The unit where the inventor or designer works. For employee inventions and creations made by employees of enterprises, institutions, social groups, and state agencies who perform the tasks of their own units or mainly make use of the material conditions of their own units, the right to apply for patents belongs to that unit.
②Inventor and designer. For non-service inventions and creations completed by an inventor or designer, the right to apply for a patent belongs to the inventor or designer. The inventor or designer referred to in the Patent Law refers to a person who has made outstanding contributions to the substantive features of an invention. Persons who are only responsible for organizational work, persons who facilitate the utilization of material conditions, or other persons who perform auxiliary work during the completion of an invention and creation shall not be considered as inventors or designers.
③Co-inventor and co-designer. An invention-creation completed by the collaboration of two or more units or individuals is called a joint invention-creation, and the person who completes the invention-creation is called a co-inventor or co-designer. Unless otherwise agreed, the right to apply for a patent for joint inventions and creations belongs to the co-inventors. After the application is approved, the patent rights belong to the co-inventors jointly. For inventions and creations completed by a unit that accepts research and design tasks entrusted by other units, unless otherwise agreed, the right to apply for a patent belongs to the unit that completed the invention. After the application is approved, the patent right will be owned or held by the unit that applied.
2. Legal basis: "Patent Law of the People's Republic of China"
Execution of Article 6 The inventions and creations that are the tasks of this unit or are mainly completed by utilizing the material and technical conditions of this unit are service inventions and creations. 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. The unit may handle its service invention-creation application in accordance with the lawApply for patent rights and patent rights to promote the implementation and application of relevant inventions and creations.
For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.
For inventions and creations completed using the unit's material and technical conditions, the unit has a contract with the inventor or designer, and the right to apply for a patent and the patent rights If there is an agreement on ownership, the agreement shall prevail.
Article 8 Inventions and creations completed by cooperation between two or more units or individuals, or inventions and creations completed by one unit or individual accepting the entrustment of other units or individuals, except as otherwise Unless there is an agreement, the right to apply for a patent belongs to the unit or individual who completed or jointly completed it; after the application is approved, the unit or individual who applied is the patentee.
2. The difference between patent applicants and inventors
The so-called patent applicant is a person who applies for a patent to the Patent Office for an invention. Generally, the inventor, designer and patent applicant are the same person. However, in the following circumstances, the patent applicant shall be someone other than the inventor or designer:
(1) Others obtain payment from the inventor, designer through a contract The designer has obtained the right to apply for a patent for the invention and has applied for a patent. It should be noted that if an inventor or designer transfers his patent application right after filing a patent application, the transfer contract must be submitted to the Patent Office for filing, and the contract will take effect after the Patent Office registers the contract.
(2) The heir of an invention-creation obtains the right to apply for a patent for the invention-creation through inheritance. Regarding the inheritance of patent rights under application, a request to change the applicant must be submitted to the Patent Office.
(3) The law directly confers the right to apply for patents to persons other than inventors and designers. For example, the applicant for a service invention-creation is the unit where the inventor or designer works. Therefore, the patent applicant and the patent inventor are not necessarily the same person, there is a difference.
According to the provisions of the Patent Law, the patentee refers to the unit and individual who can apply for and obtain patent rights, that is, the subject of the patent right. The patentee includes: the unit where the inventor and designer work; the inventor, designer and co-ownersThree categories: co-inventor and co-designer. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
