1. The difference between a patent applicant and an inventor is that the inventor is the person who has completed the patented invention-creation. The patent applicant can be the inventor, the person who has obtained the patent application right from the inventor, or the unit in the service invention-creation.
2. Legal basis: Article 12 of People's Republic of China (PRC) Patent Law.
Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.
Article 14
Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.
Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.
2. What are the conditions for a non-patent inventor to apply for a patent?
1, the right to apply for a patent for service invention-creation belongs to the entity;
2. The inventor transfers the right to apply for a patent to others by means of transfer, inheritance or gift;
3. Other circumstances in which a non-patent inventor can apply for a patent.