1. Limitation on the number of patent applicants
The "Patent Law" is specially used to adjust The "Patent Law" does not clearly state the number of patent inventors regarding the regulation of legal relationships related to patents. According to the principle of "if the law does not prohibit it, there is freedom". In the field of civil law, it is generally believed that in the absence of prohibitive provisions, All actions are permitted by law. Therefore, there is no limit to the number of patent inventors.
2. Identification of patent inventor.
The inventor or designer refers to the person who has made creative contributions to the substantive features of the invention. In the process of completing an invention and creation, those who are only responsible for organizational work, those who facilitate the utilization of material and technical conditions, or those who engage in other auxiliary work, such as testers, draftsmen, machining personnel, etc., are not inventors 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.
(1) The inventor or designer can only be a natural person, not an unit, collective or research group. Inventions and creations are the result of intellectual labor. Invention and creation activities are a factual act and are not subject to restrictions on civil capacity. Therefore, regardless of whether the person engaged in invention and creation has full capacity for civil conduct, as long as he completes the invention and creation, he should be recognized as the inventor or designer.
(2) Inventors or designers include inventors or designers of non-service 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. No unit or individual may suppress an inventor or designer's application for a patent for a non-service invention. After the application is approved, the inventor or designer becomes the patentee.
(3) If a non-service invention-creation is jointly completed by two or more inventors or designers, it is completelyThe person who creates the invention 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.
