What are the criteria for identifying inventors in patent law?

As we all know, applying for a patent is a form of protection for intellectual property rights. The types of patents have different regulations in different countries. According to the provisions of my country's patent law, there are three types of inventions that can be protected by patents, namely inventions, utility models and designs. So, what are the criteria for identifying inventors in the patent law? What is the process of applying for a patent? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the criteria for identifying inventors in patent law

Article 13 of the "Patent Law Implementing Rules": The inventor or designer referred to in the Patent Law refers to a person who has made creative contributions to the substantive features of an 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 or designer.

Note: The inventor can only be an individual and not an entity. The inventor of a patent has a reputation right, not a property right, and can only be changed but cannot be transferred.

According to the second paragraph of Article 2 of my country’s Patent Law, the definition of invention is: “Invention refers to a new product, method or improvement thereof. A technical solution." An invention patent does not require that it be a technical achievement that has been proven in practice and can be directly applied to industrial production. It can be a solution to a technical problem or an idea with the possibility of industrial application. However, this kind of technical solution or idea cannot be confused with simply proposing a project or idea, because a simple project or idea does not have the possibility of industrial application.

Therefore, inventions and utility models for which patent rights are granted must be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the existing technology; there is no other entity or individual with the same invention or utility model before the filing date. An application has been filed with the patent administration department of the State Council and recorded in the patent application documents or announced patent documents published after the application date.

Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress. .

Practiceability judgment must meet the following conditions: The Patent Law stipulates: "Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects. "Able to be manufactured or used" means that the invention can be manufactured in large quantities in the production of industry, agriculture and other industries, and applied in industrial and agricultural production and people's lives, while producing positive effects. It must be pointed out here that the patent law does not The invention or utility model is required to have gone through production practice before applying for a patent, but to analyze and infer that it can be realized in production in industry, agriculture and other industries.

The above These are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.