Is there a difference between the applicant and the patentee?
Patent right is the protection of innovation. Every innovator's ideas and works should be protected by law, not copied by others at will. This will only hurt those innovators and new ideas, make no one want to innovate again, and will only stifle the flame of innovation. Next, Bian Xiao will introduce you to the difference between the applicant and the patentee. There is a difference between the applicant and the patentee. 1. The meaning of patent applicant refers to the natural person, legal person or other organization that has the right to apply for a patent for invention and creation according to the law or the contract; In other words, the patentee is a natural person, legal person or other organization qualified to file a patent application for invention-creation. An applicant before a patent is granted is called a patent applicant. Second, the meaning of the patentee The patentee is the collective name of the patentee and the holder. That is, when the patent application is approved, the patent applicant is granted the patent right. The patentee can be a unit or an individual. 3. Is there a difference between the applicant and the patentee? The application stage is the patent authorization stage of the applicant, and the patent has rights, so the person who owns the patent is the patentee. If there are no special circumstances such as transfer or gift from the application to the authorization stage, the authorized obligee and the applicant are the same person. The patentee is the subject of the patent right, which refers to the person who has obtained the patent right according to law and assumed corresponding obligations, including natural persons, legal persons and other organizations. From the way of acquisition, it can be divided into the original subject and the subsequent subject; According to nationality, it can be divided into nationals and foreigners. The patentee refers to a natural person, legal person or other organization that has the right to apply for a patent for invention in accordance with the law or the contract; In other words, the patentee is a natural person, legal person or other organization qualified to file a patent application for invention-creation. 1. There is consistency between the patentee and the patentee: the right to apply for a patent is the basis of the patent. After the patent application filed by the patentee is approved, the patentee becomes the patentee (Article 6 of the Patent Law). 2. The patentee is strictly distinguished from the patentee: ① The patent application right is an independent property right and a relative claim. The right to apply for a patent for an invention-creation enjoyed by a specific subject cannot exclude others from applying for a patent for an invention-creation with the same theme. In other words, there may be multiple subjects who are eligible to file patent applications for inventions with the same theme, but one of them may be approved as the patentee. ② The successor patentee is often not the patentee.