What are the forms of patent inheritance?

According to the provisions of the inheritance law, the right to apply for a patent and the inheritance of the patent right, like the inheritance of tangible property, are usually carried out in the following ways:

(1) The right to apply for a patent and the patent right are transferred by inheritance according to law.

After the death of the patentee, if there is no will, or the will left by the patentee does not deal with the inheritance of the patent right, nor does it conclude a bequest and support agreement with anyone other than the legal heir to bequeath the patent right to the supporter, in this case, the patent right will be transferred to his successor according to the scope, order and share of the legal heir. If the deceased has several heirs, the whole patent right can be attributed to each heir according to the average share. At this time, there is a problem with the * * * of the patent right, or the whole patent right belongs to one person, and the heir who obtains the patent right will compensate other heirs for their share of inheritance.

(2) Transfer the patent application right and patent right through testamentary succession and bequest. If the patentee and the patentee made a will before their lives, and their patent application right and patent right were dealt with in the will; In this case, according to the wishes expressed by the patentee in his will before his life, it should belong to the testator or legatee.

(3) Transfer the patent application right and patent right by means of bequest and maintenance agreement.

At present, according to the legacy and maintenance agreement concluded with the supporter before the testator's life, the patent right has not been transferred to the supporter, but this situation is at least legally established.

(4) The patent application right and patent right belong to the state or collective organization.

The right to apply for a patent, the right to apply for a patent after the death of the patentee and the patent right are not inherited by the heirs, and no legatee accepts the legacy. At this time, the patent application right and patent right should belong to the state according to the provisions of the inheritance law; If the deceased was a member of a collective organization before his death, his patent application right and patent right shall belong to the collective organization.