Is the right of patent signature the right of patent marking
No.
1. If the inventor only participates in the invention, and If it is not the applicant or the patentee, it only has the right of signature and no patent rights;
2. If the inventor and applicant of the patent are the same person, they will enjoy the patent right.
Patent inventor signature
Legal regulations:
Article 17 of the Patent Law, the inventor or designer has the right to state that he or she is the inventor or designer in the patent document.
The patentee has the right to display the patent logo on its patented product or the packaging of the product.
Interpretation: This article is about the authorship rights of inventors or designers.
1. The right of signature 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 results of the inventor or designer. For service inventions and creations, Although the right to apply for a patent and the patent rights do not belong to the inventor or designer, this law still gives the inventor or designer the right to sign the patent document to show that he has made a substantial contribution to the invention and created the invention. The results of the intellectual work of the inventor or designer are recognized, which can stimulate the enthusiasm of the inventor or designer to invent and create. At the same time, the unit granted the patent right determines to give rewards when implementing the provisions of Article 16 of the "Patent Law" and the basis for the person to whom the remuneration is to be paid.
Right of authorship It is a kind of moral right, which is a kind of personal right. Compared with other rights, it has the following characteristics:
1. Proprietary property, also known as exclusivity, means that the right of signature can only be enjoyed by the inventor or designer, and cannot be enjoyed by anyone else;
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 patent application rights and patent right ownership. Even if the patent application rights and patent rights are transferred, the assignee Nor does it enjoy the right of authorship. On the other hand, the right of authorship cannot be inherited.
2. The right of signature is a right granted to the inventor or designer by law. The inventor or designer may or may not exercise it. It cannot be based on the fact that the inventor or designer has not signed the patent document. It is considered that he is not the inventor or designer of the invention.
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