Before talking about the difference between the rights enjoyed by patentees and inventors, we must first understand the concept of inventors. The inventor or designer mentioned in the patent system only represents the person who has made substantial contributions to this patent. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work does not belong to the inventor or designer.
There is no limit on the number of applicants and inventors for a patent application. The position of the first inventor is the most important, and the second and third are of certain significance. The latter is only the meaning of nominally participating in the project. The number of applicants will affect the application fee. If one person applies, the application fee will be reduced by 85%, and if two or more people apply, it will be reduced by 70%.
Patent inventors only have the right of reputation, not property rights, and can only change and cannot transfer; The patent applicant or patentee can be an individual or a unit, and the property right can be transferred; The applicant before the patent is not authorized is called the patent applicant, and the patent is called the patentee after it is authorized. Only those who have the right to apply (including natural persons and legal persons) are patentees and have patent rights.
The status of service inventors and non-service inventors determines the rights enjoyed by patentees and inventors. The right to apply for a patent for service invention belongs to the unit. As the patentee, the unit has the right to possess, use and dispose of its patent, but the inventor (or designer) does not enjoy these rights.
A non-post inventor has the right to apply for a patent and the patent right belongs to himself. Only I have the right to possess, use and dispose of patents, and I can also sell patents, transfer the right to use patented technology or implement patents to obtain economic benefits. Some people may ask, if the patent inventor leaves his job, can he take the patent with him? Should the company pay the corresponding fees?
The patent law makes it clear that the inventor enjoys the right of authorship and the right to get necessary remuneration, but he has no right to possess, use and dispose of the patent, and cannot transfer the patent without authorization to obtain benefits. Therefore, the inventor has the right to get material encouragement such as bonuses, and may not take the patent away, otherwise it will be infringement.
legal ground
Article 8 of the Patent Law Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation that has been completed or jointly completed by two or more units or individuals, or that has been entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee. There is no limit to the number of patent applicants, so no matter how many people can apply for a patent, so can the signature of the patent inventor.