How does the law stipulate the right of signature of an inventor or designer?

In practice, many of us may come across issues such as how the law stipulates the authorship rights of Inventors or designers. However, because we do not know much about this, many things are not very clear. So next, the editor of Legal Savior Network has compiled some relevant information and worked with friends to understand how the law stipulates the signature rights of inventors or designers.

How does the law stipulate the right of signature of inventors or designers

Patent Law 17 Article 1 An inventor or designer has the right to state that he or she is the inventor or designer in the patent document.

[Explanation] This article is about the inventor or design stipulations on a person’s right of signature.

The right of authorship belongs to the inventor or designer. an important personal right. By exercising the right of signature, the society can know who is the inventor or designer of the invention, which reflects the recognition and respect for the intellectual work of the inventor or designer. At the same time, according to paragraph 2 of Article 6 of this Law, “the right to apply for a patent for non-service inventions and creations belongs to the inventor or designer. After the application is approved, the inventor or designer shall be the patentee.” For inventions and creations, the signature of the inventor or designer is also the basis for determining the right to apply for a patent and the ownership of the patent right.

For service inventions and creations, although the right to apply for a patent and the patent right do notBelongs to the inventor or designer, but this Law still gives the inventor or designer the right to sign in the patent document to show that he has made a substantial contribution to the invention and creation, and to recognize the results of the intellectual work of the inventor or designer , which can stimulate the enthusiasm of inventors or designers to carry out inventions and creations, and is also the basis for the units granted patent rights to determine the objects of rewards and remuneration when implementing the provisions of Article 16 of this Law.

The right of signature is a moral right and a personal right Compared with other rights, it has the following characteristics: (1) Exclusiveness, also called exclusivity, means that the right of signature can only be enjoyed by the inventor or designer, and no one else can; (2) Non-transferability, that is, the right of signature is inseparable from the inventor or designer itself, and has nothing to do with changes in the right to apply for a patent and the ownership of the patent right. Even if the right to apply for a patent and the patent right are transferred, the assignee does not enjoy the right to sign. . On the other hand, the right of authorship cannot be inherited.

The right of signature is granted by law to the inventor or designer The inventor or designer may or may not exercise the rights. Just because the inventor or designer is not named in the patent document does not mean that he is not the inventor or designer of the invention.

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