Article 17 of the Patent Law stipulates that an inventor or designer has the right to state in the patent document that he is an inventor or designer. Article 13 of the Detailed Rules for the Implementation of the Patent Law stipulates that the inventor or designer mentioned in the Patent Law refers to a person who has made creative contributions to the substantive features of invention-creation.
Therefore, the inventor has the right to raise objections and communicate with his unit. If communication fails, the inventor has the right to bring a lawsuit to the court. At the same time, the inventor needs to collect the evidence of the original invention to prove that he is the first inventor.
Article 77 of the Rules (on awards)
Where there is no agreement between the entity granted the patent right and the inventor or designer, and the rules and regulations formulated according to law do not stipulate the reward method and amount stipulated in Article 16 of the Patent Law, it shall give the inventor or designer a bonus within 3 months from the date of announcement of the patent right.
The bonus for an invention patent is at least 3,000 yuan; The minimum bonus for utility model patent or design patent shall not be less than 1000 yuan. Where an invention-creation is completed because the suggestion of the inventor or designer is adopted by the entity, the entity that has been granted the patent right shall give a bonus from the superior entity.
Article 78 of the Rules stipulates (regarding remuneration)
After the patent for invention-creation is implemented within the validity period of the patent right, the entity granted the patent right has not agreed with its inventor or designer or has not agreed on the remuneration method and amount stipulated in Article 16 of the Patent Law in the rules and regulations formulated according to law;
Every year, not less than 2% or not less than 0.2% of the business profit from the implementation of the patent for invention or utility model shall be extracted as remuneration to the inventor or designer, or the remuneration shall be paid to the inventor or designer at one time with reference to the above ratio.
Extended data
Provisions of the patentee:
According to the provisions of Article 6 of the Patent Law of People's Republic of China (PRC), inventions made by performing the tasks of the unit or mainly using the material and technical conditions of the unit belong to 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.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer After the application is approved, the inventor or designer shall be the patentee. Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.
According to Article 8 of the Patent Law of People's Republic of China (PRC), unless otherwise agreed, the right to apply for a patent belongs to the unit or individual who has completed the invention or creation jointly by two or more units or individuals. After the application is approved, the unit or individual who filed the application is the patentee.