China's patent law stipulates that a patent applicant should meet two conditions: (1) a citizen or legal person with a patent right; (2) Have the right to file a patent application. Once a civil subject who has the right to apply for a patent has filed a patent application with the Patent Office, he will enjoy the rights and assume the obligations at the stage of patent application and trial, and may become the patentee in the future.
At the same time, the applicant can also be a unit or a natural person.
A. An invention, utility model or design completed by an inventor or designer according to the requirements of an enterprise or using the resources (equipment and funds) of the enterprise belongs to a service invention design, and the applicant is an enterprise, unless otherwise agreed.
B the inventor or designer uses his own resources (equipment and funds) to complete the invention, utility model or design. If the applicant is an individual, the designer may voluntarily assign the rights of the applicant to others or other enterprises, unless otherwise agreed.
Besides patent applicants, inventors and designers are also common terms in the process of patent application. Generally speaking, the inventor, designer and patent applicant are the same person. However, under special circumstances, the patent applicant is a person other than the inventor or designer.
The patent application process is not that simple, and there are many requirements that need to be carefully studied. In order to make patent application more efficient and fast, many people choose professional patent agencies to apply for patents on their behalf.
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