Can schools be the subject of patent applications?
Can schools be the subject of patent applications?
What are the subjects of patent rights?
The subject of patent rights is the patentee, who enjoys the patent according to law. rights and bear corresponding obligations. So who are the subjects of patent rights? The subjects of patent rights include inventors, entities, assignees and foreigners. The inventor can only be a natural person; for service inventions and creations, the unit where the inventor of the invention is located is the subject of the patent right; the assignee is the unit or individual who legally obtained the patent right through contract or inheritance; foreigners include Natural and legal persons with foreign nationality.
1. Inventor
The inventor or designer is Refers to a person who has made creative contributions to the substantive features of an invention. In the process of completing an invention and creation, a person who is only responsible for organizational work, a person who facilitates the utilization of material and technical conditions, or a person who engages in other auxiliary work is not the inventor or designer. Among them, the inventor refers to the person who completed the invention; the designer refers to the person who completed the utility model or appearance design. The inventor or designer can only be a natural person and cannot be an entity, collective or research group.
Inventions and creations are the result of intellectual labor and are not restricted by civil capacity. Therefore, regardless of whether the person engaged in inventions and creations has full capacity for civil conduct, as long as he completes If an invention is created, it should be recognized as the inventor or designer.
Inventors or designers include inventors or designers of non-service inventions and inventions and inventors or designers of service inventions. Non-service patentable inventions and creations refer to inventions and creations that neither perform the tasks of the unit nor are mainly completed using the material and technical conditions provided by the unit. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer.
If an itemIf a non-service invention-creation is jointly completed by two or more inventors or designers, the person who completes the invention-creation is called a co-inventor or co-designer. The right to apply for patents and the patent rights obtained for joint inventions and creations are jointly owned by all co-owners.
2. Unit
For service inventions and creations, patents The subject of the right is the employer of the inventor or designer of the invention. Service inventions and creations refer to inventions and creations that are completed while performing the tasks of the unit or mainly by utilizing the material and technical conditions of the unit. The "units" referred to here include domestic-funded enterprises of various types and nature of ownership and Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises in China; in terms of labor relations, it includes both fixed work units and Temporary work unit.
Service inventions and creations are divided into two categories:
1. Inventions completed by performing the tasks of the unit create. Including three situations:
(1) Patented inventions and creations made in the course of one's own work;
(2) Inventions and creations made in the performance of tasks other than the duties assigned by the unit;
(3) Made within 1 year after resignation, retirement or transfer of work , inventions and creations related to the work performed by the original unit or the tasks assigned by the original unit.
In case (3), only two conditions are met at the same time to constitute a service invention-creation: first, the invention-creation must be the inventor or designer The invention is made within one year after the person resigned, retired or was transferred from the original unit; secondly, the invention-creation is related to the inventor or designer's own job in the original unit or the tasks assigned by the original unit.
2. Inventions and creations mainly made use of the material and technical conditions of the unit. "The unit's material and technical conditions" refers to the unit's funds, equipment, parts, raw materials or technical data that are not disclosed to the public. It is generally believed that if in the process of invention and creation, all or most of the unit's funds, equipment, parts, raw materials and technical data that are not disclosed to the public are used, this use plays an indispensable and decisive role in the completion of the invention and creation. , it can be determined as mainly utilizing the material and technical conditions of the unit. If only a small amount of the material and technical conditions of the unit are utilized, and the utilization of such material conditions has a negative impact on the completion of the invention and creationIf it is irrelevant, it cannot be determined to be a service invention. For inventions and creations completed by utilizing the unit's material and technical conditions, if the unit has a contract with the inventor or designer and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
Patent rights: The right to apply for a patent for a service-based invention and the patent right obtained belongs to the unit where the inventor or designer works. The inventor or designer enjoys the right of signature and the right to receive bonuses and remuneration. The inventor or designer may waive the right of signature through a written statement.
3. Transferee
The transferee refers to the transferee through The unit or individual who legally obtains the patent right through contract or inheritance. Patent application rights and patent rights are transferable. After the patent application right is transferred, if the patent is obtained, the transferee becomes the subject of the patent right; after the patent right is transferred, the transferee becomes the new subject of the patent right.
An invention-creation completed by cooperation between two or more units or individuals, or an invention-creation completed by one unit or individual upon acceptance of an entrustment by another unit or individual, if both parties agree on the The right to apply for a patent belongs to the entrusting party. According to its agreement, after the application is approved, the applicant's unit or individual shall be the patentee. If there is no agreement between units or individuals, and it constitutes entrusted development, the patent application rights and the patent rights obtained belong to the trustee, but the client can implement the patented technology free of charge.
After inheriting the patent application right or patent right, the assignee does not become the inventor or designer of the invention. Nor will the specific personal rights be lost due to the right to apply for a patent or the transfer of patent rights for an invention.
Patent rights from the perspective of patent implementation rights, the assignee also protects the assignee of the patent implementation rights, which means that the patent implementation rights are obtained through contractual agreement Legal persons or individuals, including exclusive implementation licensors, exclusive implementation licensors and general implementation licensors.
4. Foreigners
Foreigners include those with foreign nationality Natural persons and legal persons. Foreigners who have a habitual residence or business office in China enjoy the same patent application rights and patent rights as Chinese citizens or entities.
After understanding my country’s relevant regulations on the subject of patents, everyone also has a clear understanding of the subject of patents. This will provide great help for us to apply for patents in the future. RightWe also have a clear understanding of the subject selection when applying for patents in the future. If you have other legal questions, please feel free to consult a lawyer on the Legal Savior Network.
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