Where a non-service invention-creation is jointly completed by two or more inventors and designers, the person who completed the invention-creation is called a * * * co-inventor or a * * * co-designer. * * * The right to apply for a patent for an invention-creation and the patent right obtained shall be owned by * * *.
For service invention-creation, the subject of patent right is the unit where the inventor or designer of the invention-creation belongs. The invention-creation by taking advantage of one's position refers to the invention-creation accomplished by performing the tasks of one's own unit or mainly using the material and technical conditions of one's own unit.
The "units" mentioned here include domestic enterprises of various ownership types and properties, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises; In terms of labor relations, it includes both fixed work units and temporary work units.
Extended data:
Application principle
(A) the principle of patent application
1. Formal legal principle. All procedures for applying for a patent shall be handled in written form or other forms stipulated by the China National Intellectual Property Administration Patent Office. All kinds of procedures for printing, typing or handwritten documents directly or indirectly by oral, telephone, physical and other non-written forms, or by telegraph, telex, fax, film and other means of communication are regarded as not submitted and have no legal effect.
2. The principle of oneness. This means that a patent application can only be limited to one invention. However, two or more inventions or utility models belonging to a general inventive concept may be filed as one application; Two or more designs of products sold or used in the same category in sets may be filed as one application.
3. Apply first. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
4. The principle of priority.
Patent priority refers to the patent applicant filing a patent application for his invention and creation in a country for the first time, and then filing a patent application for the same theme for his invention and creation within the statutory time limit. According to the relevant laws and regulations, the date of the first patent application is regarded as the filing date of his later application, and this right enjoyed by the patent applicant according to law is the priority.
The purpose of patent priority is to exclude the possibility that anyone who plagiarizes this patent in other countries may first apply and get registered.
References:
Baidu encyclopedia-patent right