An inventor or designer refers to a person who has made creative contributions to the substantive features of invention and creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work does not belong to the inventor or designer. Any natural person who meets the above conditions can become an inventor.
Because patent right is an intangible property, compared with tangible property, it has its own unique characteristics:
1, exclusive
Exclusive right, also known as exclusive right, refers to the exclusive right of the patentee to manufacture, use, sell and import his invention and creation. That is to say, without the permission of the patentee, any other unit or individual may not manufacture, use, sell or import its patented products for production and operation purposes, or use its patented methods, or manufacture, use, sell or import products directly obtained by its methods for production and operation purposes, otherwise the patent right will be infringed.
2. Regionality
Refers to the patent right granted by a country according to its own patent law, which is only valid within the jurisdiction of that country and is not binding on other countries. Foreign countries have no obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China. If someone produces, uses or sells the invention in other countries and regions, it is not infringement. It is very meaningful to understand the regional characteristics of patent rights. In this way, if China's units or individuals develop inventions with international market prospects, they should not only apply for domestic patents in time, but also apply for patents in other countries and regions with good market prospects, otherwise foreign markets will not be protected.
Step 3 be timely
The so-called temporality means that the exclusive right of the patentee to his invention and creation is only valid within the time stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to manufacture, use, sell and import his invention and creation. In this way, inventions originally protected by law have become the public wealth of society, and any unit or individual can use them for free.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC).
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.