Patent will receive Protection after the Application, then the attribution of the Patent is how to stipulate? The following will be for you to talk about, together with the legal savior to follow the editor to see it, I hope to help you.
What is the attribution of the patent right
According to the "patent law of the People's Republic of China" and its practice rules, the patent right belongs to the following people:
I. The Patent Application right and patent right of the functional invention and creation shall be owned by the Unit;
Second, the patent application right and patent right holder of non-functional inventions and creations are individuals;
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III. The patent application right and the Patentee of an invention-creation accomplished by utilizing the material and technical conditions of the unit shall be decided in accordance with its contractual Agreement;
IV. For an invention-creation accomplished by two or more units or individuals in cooperation, the right to apply for a patent and the patentee thereof shall belong to the unit or individual which accomplished it or jointly accomplished it, except for those agreed upon by the parties in the agreement;
V. If a unit or an individual accepts a commission from another unit or an individual to complete an invention-creation, the right to apply for a patent and the patentee shall belong to the unit or individual who has completed or jointly completed the invention-creation, except for the agreement in the commission;
VI. If two or more applicants apply for patents for the same invention-creation respectively, the patent right shall be granted to the one who applies first. Or according to the Rules for the Implementation of the Patent Law of the People's Republic of China: "Where two or more applicants apply for a patent respectively on the same day in respect of the same invention-creation, they shall determine the applicant by their own negotiation upon receipt of the notification from the patent administrative department of the State Council.
Patent Law
Article 6 An invention-creation which carries out the tasks of the organization or is mainly accomplished by using the material and technical conditions of the organization is a functional invention-creation. The right to apply for a patent for a functional invention-creation belongs to the unit; after the application is approved, the unit is the patentee.
The right to apply for a patent for non-functional inventions and creations belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.
Utilizing the material and technological conditions of the unit of the invention and creation, the unit and the inventor or designer of the contract, the right to apply for a patent and the attribution of the patent right to make an agreement, shall be consistent with its agreement.
Article 7 No unit or individual shall suppress the patent application of the inventor or designer for non-functional inventions and creations.
Article 8 If two or more units or individuals cooperate to complete an invention-creation, or a unit or individual accepts a commission from another unit or individual to complete an invention-creation, the right to apply for a patent shall belong to the unit or individual that has completed the invention-creation or has completed the invention-creation jointly, unless otherwise agreed; the unit or individual that has applied for the invention-creation shall be the owner of the patent after the application has been approved.
Article 9 Only one patent right can be granted for the same invention-creation. However, where the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day, and the utility model patent right granted first has not yet been terminated, and the applicant declares that he gives up the utility model patent right, the invention patent right may be granted.
Two or more applicants apply for a patent for the same invention, the patent right is granted to the first applicant.
The above is the answer to the relevant questions, if you need to know more about the legal aspects of knowledge, welcome to enter the legal savior for legal advice.
