Patentee refers to the units and individuals who can apply for and obtain patent rights, that is, the subject of patent rights.
There are three types of patentees
① The unit where the inventor and designer work. For employee inventions and creations made by employees of enterprises, institutions, social groups, and state agencies who perform the tasks of their own units or mainly make use of the material conditions of their own units, the right to apply for patents belongs to that unit.
②Inventor and designer. For non-service inventions and creations completed by an inventor or designer, the right to apply for a patent belongs to the inventor or designer. The inventor or designer referred to in the Patent Law refers to a person who has made outstanding contributions to the substantive features of an invention. Persons who are only responsible for organizational work, persons who facilitate the utilization of material conditions, or other persons who perform auxiliary work during the completion of an invention and creation shall not be considered as inventors or designers.
③Co-inventor and co-designer. An invention-creation completed by the collaboration of two or more units or individuals is called a joint invention-creation, and the person who completes the invention-creation is called a co-inventor or co-designer. Unless otherwise agreed, the right to apply for a patent for joint inventions and creations belongs to the co-inventors. After the application is approved, the patent rights belong to the co-inventors jointly. For inventions and creations completed by a unit that accepts research and design tasks entrusted by other units, unless otherwise agreed, the right to apply for a patent belongs to the unit that completed the invention. After the application is approved, the patent right will be owned or held by the unit that applied.
Legal basis:
"Patent Law of the People's Republic of China" 》
Article 6 Inventions and creations completed while performing the tasks of the unit or mainly utilizing the material and technical conditions of the unit are service inventions. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee. For non-service inventions and creations, the right to apply for a patent belongs to the inventoror designer; after the application is approved, the inventor or designer is the patentee. For inventions and creations completed by utilizing the unit's material and technical conditions, if the unit has a contract with the inventor or designer, and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
Article 7: No unit or individual may suppress an inventor or designer's non-service invention-creation patent application.
Article 8 Inventions and creations completed by cooperation between two or more units or individuals, or inventions and creations completed by one unit or individual accepting the entrustment of other units or individuals, except as otherwise Unless there is an agreement, the right to apply for a patent belongs to the unit or individual who completed or jointly completed it; after the application is approved, the unit or individual who applied is the patentee.
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