1. Can the patent inventor be changed?
1. The patent inventor can Make changes and go through the procedures for changing the bibliographic items.
2. If a change request is made due to omission or incorrect filling of the inventor, all applicants (or patentees) and all inventors before the change should be submitted Signed or stamped supporting documents.
3. If a change request is made because the inventor has changed his name, a certification document issued by the household registration management department should be submitted.
4. If a change request is made due to omission or wrong filling of the inventor, a request for change shall be submitted by all applicants (or patentees) and all inventors before the change. Signed or stamped supporting documents.
5. If a change request is made due to a dispute over inventor qualifications, you can refer to the content of "How to handle the transfer of patent application rights (or patent rights)".
6. If a change request is made due to changing the Chinese translation, an inventor's statement should be submitted.
7. Legal basis: "Patent Law of the People's Republic of China"
Article 8 Two For inventions and creations completed through cooperation between more than one unit or individual, or for inventions and creations completed by one unit or individual under the entrustment of another unit or individual, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual who completed or jointly completed the application; After approval, the applicant unit or individual becomes the patentee.
2. What is the difference between the inventor and the patentee?
An inventor refers to a person who has made creative contributions to the substantive features of an invention. An inventor can only be the completer of an invention. In the process of completing inventions and creations, those who are only responsible for organizing the work and providing information for the utilization of material and technical conditionsThe person who provides convenience or performs other auxiliary work is not the inventor. The inventor of a service invention enjoys the right to sign the patent and the right to receive rewards and remuneration. In addition, the inventor does not have any rights to the patent. He cannot exploit the patent or license others to exploit the patent. If he discovers that others have infringed the patent, he has no right to do so. be stopped.
The patentee needs to submit an application himself, and it must be reviewed and qualified by the State Intellectual Property Office and meet the authorization requirements. conditions, patent rights are granted in accordance with the law. Become a patentee through inheritance or trade. When a citizen or legal person dies or terminates, his legal heir can become the patentee; through a sale or purchase transaction, others can also become the patentee. The patentee can implement the patent himself or license others to implement the patent and charge royalties.
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