The subject of patent right refers to the person who enjoys rights and assumes obligations in the legal relationship of patent right.
(1) citizen. A citizen enjoys the right to his non-service invention patent and is the owner of the patent right.
(2) legal persons and unincorporated units. Legal persons and entities without legal personality shall enjoy the patent right for the service invention completed by the inventor. Service invention refers to the invention and creation completed to perform the task of the unit or mainly by using the material and technical conditions of the unit. According to the provisions of the patent law, service inventions are divided into two categories, one is the invention-creation completed by performing the tasks of the unit. Specifically, it includes: 1, inventions and creations in one's own work; 2. Inventions and creations made by performing tasks other than those assigned by the unit; 3. Inventions and creations related to my work in the original unit or tasks assigned by the original unit made within one year after resignation, retirement or transfer. Second, the invention is mainly made use of the material and technical conditions of the unit. The material and technical conditions of the unit refer to the funds, equipment, spare parts, raw materials or technical data that are not disclosed to the public.
(3) * * * and the inventor. * * * Co-invention refers to the invention and creation completed by two or more units or individuals. * * * Unless otherwise agreed with the invention-creation, the right to apply for a patent belongs to the unit or individual jointly created by * * *; After the application is approved, the applicant unit or individual shall be the patentee.
(4) Legal assignee. The legal assignee refers to the natural person, legal person and unincorporated unit that inherits the patent right through paid transfer or free inheritance or gift.
(5) foreigners. Foreigners include natural persons without China nationality, foreign enterprises and other foreign organizations. According to China's patent law and international conventions, foreigners who have no habitual residence or business office in China are treated as nationals. If a foreigner who has no habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with the agreement signed between his country and China or the international treaty to which * * * is a party, or in accordance with the principle of reciprocity, and in accordance with the provisions of the Patent Law of China.
Second, the object of patent right
The object of patent right refers to the object of patent right and obligation. According to the Paris Convention and China's Patent Law, the objects of China's patent rights include inventions, utility models and designs.
1
An invention refers to a new technical scheme proposed for a product, method or its improvement. It is the creation and innovation of using natural laws in technology application, not just a new understanding of natural laws.
According to the forms of expression, inventions can be divided into three categories: product inventions, method inventions and improved inventions.
2. utility model
Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
Step 3 design
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. Appearance design takes the shape, pattern and color of the product as elements and the aesthetic purpose as the core, which can be suitable for industrial application, that is, it can be copied in large quantities by industrial means.