The difference between inventors and patentees
1. Distinguishing from the definition: patentee: patentee A collective name for the owners and holders. That is, the patent applicant who is granted patent rights when a patent application is approved. The patentee can be either an organization or an individual. Inventor: The Patent Law stipulates that in invention patents and utility model patents, the person who has contributed to the specific substantive features of the invention is called the inventor. The inventor is a natural person.
2. Distinguish from the perspective of rights: The rights of the patentee: including patent personal rights and patent property rights.
(1) Patent personal rights: refers to the right of the patent inventor or designer to state that he is the inventor or designer of the patent in the patent document, that is, to sign The right of signature does not disappear due to the transfer of patent property rights.
(2). Patent property rights mainly include the following three aspects:
1). Exclusive rights . It means that only the patentee has the right to manufacture, use and sell his invention and creation, and has exclusive rights to the patent. No natural person, legal person or other organization can use, manufacture or sell patented products without permission and without paying remuneration.
2), permission. It refers to the conditional permission of the patentee to others to use its patented technology. Specifically, the patentee (called the "licensor"), by signing a contract, allows others (called the "licensee") to use all or part of the technology for the patented invention under certain conditions.
3), transfer right. Article 10 of the "Patent Law of the People's Republic of China" stipulates: "The right to apply for a patent and the patent right may be transferred." The right to apply for a patent and the patent right may be sold, donated, mortgaged, or invested in shares. Inheritance and transfer occur due to legal reasons. When the patentee (natural person) dies, the patent right is transferred to the person with inheritance rights in accordance with the provisions of the Civil Code.
Inventor's rights: right of signature. The inventor can request the Patent Office not to publish his name.
Related knowledge: 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. Apply yourself, pass the review by the State Intellectual Property Office, meet the conditions for authorization, and the patent will be granted in accordance with the law. right.
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.
