Before talking about the difference between the rights enjoyed by patentees and inventors, we must first understand the concept of inventors. The inventor or designer mentioned in the patent system only represents the person who has made substantial contributions to this patent. 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.
Inventors can only be individuals, not units.
Patent inventors only have the right of reputation, not property rights, and can only change and cannot transfer; Patent applicants (/html/9/ 1.shtml) or patentees can be individuals and units, and property rights can be transferred; The applicant before the patent is not authorized is called the patent applicant, and the patent is called the patentee after it is authorized. Only those who have the right to apply (including natural persons and legal persons) are patentees and have patent rights.
How to distinguish the rights enjoyed by patentees and inventors?
The status of service inventors and non-service inventors determines the rights enjoyed by patentees and inventors.
The right to apply for a patent for service invention belongs to the unit. As the patentee, the unit has the right to possess, use and dispose of its patent, but the inventor (or designer) does not enjoy these rights.
A non-service inventor, the right to apply for a patent and the patent right belong to him. Only he has the right to possess, use and dispose of patents, and he can also sell patents and transfer the right to use patented technology (/) or exploit patents to obtain economic benefits.
Some people may ask, if the patent inventor leaves his job, can he take the patent with him? Should the company pay the corresponding fees?
The patent law makes it clear that the inventor enjoys the right of authorship and the right to get necessary remuneration, but he has no right to possess, use and dispose of the patent, and cannot transfer the patent without authorization to obtain benefits. Therefore, the inventor has the right to get material encouragement such as bonuses, and may not take the patent away, otherwise it will be infringement.
What obligations does the patentee need to undertake:
As we all know, rights and obligations complement each other. Since the patentee has the right, he must also fulfill the corresponding obligations. After obtaining the patent right, the patentee shall pay the annual fee on time. The annual patent fee shall be paid on time every year to ensure the validity of the patent right. If the annual patent fee is not paid within the time limit, the patent right will be lost, and the invention is no longer protected by the patent law, and anyone can use it at will.