Are you eligible to apply for a patent only if you have ownership rights?

In real life, after obtaining the patent rights for inventions and creations, the patentee can enjoy the exclusive right to use the patent within the statutory period. Others need to obtain the permission of the patentee to use the patent. So, is it necessary to have ownership before applying for a patent? What? The editor of Legal Savior Network has compiled the following content, hoping it will be helpful to you.

1. Are you eligible to apply for a patent only if you have ownership rights?

1. No Only those with ownership rights are eligible to apply for a patent. The right to apply for a patent can be transferred in accordance with the law. As long as you have the right to apply for a patent, you can apply for a patent.

2. Legal basis: Article 10 of the "Patent Law of the People's Republic of China" patent application rights and patent rights can be transferred.

If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.

When transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

2. How to use other people’s patents

According to the provisions of the Patent Law, using someone else's patent requires signing an implementation license contract with the right holder and paying a certain amount of patent royalties.

Article 12 of the "Patent Law of the People's Republic of China" Any unit or individual that exploits another person's patent shall enter into an exploitation license contract with the patentee and provide the patentee with People pay royalties. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.

Article 13 of the "Patent Law of the People's Republic of China" After the application for an invention patent is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees.

Article 14 of the "Patent Law of the People's Republic of China" The right to apply for a patent or the rights of co-owners of the patent rightIf there is an agreement on the exercise of profits, the agreement shall prevail. If there is no agreement, the co-owners can implement the patent alone or license others to implement the patent in the form of a general license; if the patent is licensed to others, the royalties collected shall be distributed among the co-owners.

Except for the circumstances specified in the preceding paragraph, the exercise of a jointly owned patent application right or patent right shall require the consent of all co-owners.

It can be seen from the appeal analysis that you are not eligible to apply for a patent only if you have ownership rights, because the right to apply for a patent can be transferred in accordance with the patent law, as long as the right to apply for a patent is obtained through legal channels , regardless of whether the applicant has ownership rights, he or she can apply for a patent. If you need more legal help, you are welcome to go to the Legal Savior Network for legal consultation.