Can the inventor of a patent be changed?
The inventor of a patent can be changed and the procedures for changing the bibliographic items must be completed. If a change request is made due to omission or wrong filling of the inventor, the certification documents signed or stamped by all applicants (or patentees) and all inventors before the change shall be submitted.
What should be submitted for a change of inventor
(1) A request for change due to a change of name of the inventor , the certification documents issued by the household registration management department should be submitted.
(2) 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.
(3) 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)".
(4) If a change request is made due to changing the Chinese translation, an inventor's statement should be submitted.
Relevant knowledge:
1. How much is the fee for changing the inventor of a patent
b>Change of inventor, applicant, patentee 200 yuan
Patent agency , 50 yuan for change of agent’s entrustment relationship
2. What is the difference between the inventor and the patentee
The patentee refers to the owner of the patent right recorded in the patent register of the State Intellectual Property Office. If you want to become a patentee, there are two ways:
1. Submit an application yourself and pass the review by the State Intellectual Property Office.If the conditions for authorization are met, the patent right shall be granted in accordance with the law.
2. Become a patentee through inheritance or transaction. When a citizen or legal person dies or terminates, his legal heir can become the patentee; through a sale and 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.
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 the 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. 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.
3. What are the basic rights of the patentee
Invention and After a utility model patent is granted, unless otherwise provided by the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell, or import for production and business purposes. Its patented products, or the use of its patented methods and the use, offering to sell, selling, or importing products directly obtained according to the patented methods. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell, or import its design patented products for production and business purposes. Any unit or individual that exploits another person's patent shall enter into a written license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent. After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees. The patentee has the right to indicate the patent mark and patent number on its patented products or the packaging of the products. The unit that is granted the patent right shall reward the inventor or designer of the service invention; after the invention-creation patent is implemented, the inventor or designer shall be given reasonable remuneration based on the scope of its promotion and application and the economic benefits achieved. The inventor or designer has the right to indicate that he or she is the inventor or designer in the patent document.
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