1. Who cannot be a patent applicant
1. Illegal Natural persons and legal persons cannot apply. Not all natural persons or legal persons have the right to apply for patents.
2. The natural persons or legal persons who have the right to apply for patents are as follows:
(1) Non- The inventor of a service invention or the heir of his legal rights
The so-called legal heir means that due to the death of the inventor, his legal heir inherits the right to apply for a patent.
(2) The legal entity to which the service invention-creation belongs
Apply for a patent for the service invention The rights belong to the unit.
(3) Legal assignee
The inventor of a non-service invention or a service invention The affiliated unit voluntarily transfers the right to apply for a patent for an invention or creation to a person or unit with or without compensation.
(4) Co-applicant
A co-applicant refers to an individual who jointly applies for a patent with individuals, individuals with units, or units with units. Among the co-applicants, if there is a prior contract agreement, the application shall be handled according to the contract agreement.
(5) Patent application qualifications of foreigners
Foreigners include foreign citizens and foreign nationals legal person. In order to promote international economic and technological exchanges and introduce advanced foreign science and technology, my country's Patent Law adopts internationally accepted principles and makes the following provisions for foreigners to apply for patents in China.
Have no habitual residence in ChinaIf a foreigner with an office or business office applies for a patent in my country, if the country to which he belongs has a bilateral agreement or an international treaty that both countries are a party to, the application will be handled according to the principles of reciprocity and reciprocity. The application processing should be entrusted to the patent processing agency established by the patent administration department of the State Council of China.
Foreigners who have a habitual residence or business establishment in China enjoy exactly the same treatment as Chinese entities and individuals.
The assignee or successor of the patent application right shall submit documents proving the assignment or inheritance when filing a patent application. Any transfer of patent application rights by Chinese entities or individuals to foreigners must be approved by the relevant departments of the State Council.
2. Legal basis: Article 859 of the Civil Code [Attribution of technical achievements in entrusted development contracts]
For inventions and creations developed through entrustment, unless otherwise provided by law or otherwise agreed upon by the parties, the right to apply for a patent belongs to the researcher and developer. If a research developer obtains a patent right, the client may implement the patent in accordance with the law.
If the research and development developer transfers the right to apply for a patent, the client shall have the priority to receive the transfer under the same conditions.
2. Scope of protection of patent rights
1. The scope of protection of an invention or utility model patent shall be based on the content of its claims, and the description and drawings may be used to explain its scope. Rights request. Its meaning is that the scope of protection of a patent right should be based on the scope determined by the necessary technical features clearly stated in the claims, and also include the scope determined by features equivalent to the necessary technical features. Equivalent features refer to features that use basically the same means to achieve basically the same functions and achieve basically the same effects as the recorded technical features, and that a person of ordinary skill in the field can associate with them without having to go through creative work.
2. The scope of protection of design patent rights shall be subject to the design patent product shown in pictures or photos. The scope of protection of a design patent right depends on two aspects: one is the design represented in pictures or photos; the other is the scope of products using the design specified when the patent is granted. Determining whether the designs are identical or similar shall be based on similar products.
We can understand that according to regulations, illegal natural persons and legal persons cannot apply. Not any natural person or legal person has the right to apply for a patent , it needs to meet certain conditions,I hope everyone understands.Hope the above content can be helpful You are helpful. If you have other questions, you can click the button below to consult, or go to the Legal Savior Network to consult a professional lawyer.
