What are the requirements for becoming a patent applicant
A patent applicant is the party who files a request to the Patent Office to obtain a patent for an invention or design. Countries have regulations that not just anyone can file a patent application with the patent office.
China Patent Law stipulates that patent applicants should meet two conditions:
(1 ) A citizen or legal person with the ability to patent rights;
(2) Has the right to apply for a patent. Once a civil subject with the right to apply files a patent application to the Patent Office, he will enjoy the rights and assume obligations during the patent application and examination stages, and may become a patentee in the future.
Generally, the inventor, designer and patent applicant are the same person. However, in the following situations, the patent applicant is someone other than the inventor or designer:
① Others obtain the rights from the inventor or designer through a contract Those who have obtained the right to apply for patents for inventions and creations and applied for patents. It should be noted that if an inventor or designer transfers his patent application right after filing a patent application, the transfer contract must be submitted to the Patent Office for filing, and the contract will take effect after the Patent Office registers the contract.
②The heir of an invention-creation obtains the right to apply for a patent for the invention-creation through inheritance. Regarding the inheritance of patent rights under application, a request to change the applicant must be submitted to the Patent Office.
③The law directly confers the right to apply for patents to persons other than inventors and designers. For example, the applicant for a service invention-creation is the unit where the inventor or designer works.
The applicant can be an organization or a natural person.
A. When the inventor or deviceInventions, utility models, and designs completed by an employee after completing his or her job in accordance with the requirements of the enterprise or by using the enterprise's resources (equipment, funds) are classified as service inventions and designs, and the applicant is the enterprise, except for other agreements.
B. When an inventor or designer uses his own resources (equipment, funds) to complete an invention, utility model, or design, the applicant is an individual. The designer may voluntarily assign the applicant's rights to others or other enterprises, unless otherwise agreed.
If you want to apply for a patent, you must first apply to the Patent Office, and then submit your own invention or obtain it from the inventor or designer through a contract. Information related to patent application rights. Then wait for the Patent Office to conduct an review. After passing the review, a patent document can be issued to the party concerned to confirm that he or she owns the patent.
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