Entrust others to develop technology and apply for patents by themselves. What should the patentee write?
First of all, you need to find out the specific requirements of the teacher's evaluation of professional titles, so as to determine how to arrange the specific situation and order of the obligee and inventor next. Now that your company is confirmed to be the patentee, that is, the patent applicant, the teacher can arrange the situation as follows: First, your company is the only applicant (the patentee), the teacher is the first inventor (at least the first inventor is usually required to evaluate the title now), and other inventors are free, even so, the teacher may not be able to evaluate. Second, the teacher and your company are both applicants (obligees), and then the teacher is the first inventor, so the patent belongs to * * *, which is closer to the teacher's ability to evaluate professional titles, but it depends on whether the company is willing. Third, your company and teacher's school are both applicants (obligees), and teachers are the first inventors, which is also the right to maximize teachers. # # An invention-creation that performs the tasks of the entity specified in Article 6 of the Patent Law or mainly utilizes the material and technical conditions of the entity is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee. Among them, according to the provisions of Article 12 of the Detailed Rules for the Implementation, the term "service invention-creation" as mentioned in Article 6 of the Patent Law refers to: (1) inventions and creations completed in one's own work; (2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity; (3) Inventions and creations made within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations, which are related to my work undertaken in the original unit or tasks assigned by the original unit. Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public. By referring to the above terms, you can be sure that you are an employee of the internship unit. Now you need to confirm whether to carry out the tasks of your unit or to make inventions mainly using the material and technical conditions of your unit. If there is, it belongs to service invention. At this time, the internship unit can apply for a patent. In addition, according to the third paragraph of Article 6 of the Patent Law, if an invention-creation completed with the material and technical conditions of the unit has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.