1. Inventor or designer An inventor or designer refers to a person who has made creative contributions to the substantive characteristics of invention and creation. In the process of completing the invention-creation, people who are only responsible for organizing the work, who provide convenience for the use of material and technical conditions, or who engage in other auxiliary work, such as testers, sketchers, mechanical processors, etc., are not inventors or designers. Among them, the inventor refers to the inventor of the invention; Designer refers to the person who completes the utility model or design. Inventors or designers can only be natural persons, not units, collectives or research groups.
invention is the result of intellectual labor. Invention and creation is a factual act, which is not limited by civil capacity. Therefore, no matter whether the person engaged in invention and creation has full civil capacity, as long as he has completed his invention and creation, he should be recognized as an inventor or designer.
Inventors or designers include non-service inventions or designers and service inventions or designers. A Non-service inventions and creations refer to inventions and creations that are neither carried out the tasks of their own units nor mainly made use of the material and technical conditions provided by their units. For non-service inventions, the right to apply for a patent belongs to the inventor or designer. No unit or individual may suppress an inventor or designer's application for a patent for a non-service invention-creation. After the application is approved, the inventor or designer shall be the patentee.
if a non-service invention-creation is jointly completed by two or more inventors and designers, the person who completed the invention-creation is called * * * co-inventor or * * * co-designer. * * * The right to apply for a patent for the invention-creation and the patent right obtained shall be owned by all * * * people * * *.
2. Unit of inventor or designer For a service invention-creation, the subject of patent right is the unit of the inventor or designer of the invention-creation. The invention-creation by taking advantage of one's position refers to the invention-creation accomplished by carrying out 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 China; In terms of labor relations, it includes both fixed work units and temporary work units.
There are two types of service inventions:
1. Inventions and creations completed by performing the tasks of the unit. Including three situations: (1) inventions made in their own work; (2) Inventions and creations made by performing tasks other than their own jobs delivered by the unit; (3) Inventions and creations made within one year after resignation, retirement or transfer, which are related to their own jobs or tasks assigned by their original units. In case (3), only two conditions are met at the same time to constitute a service invention-creation: first, the invention-creation must be made within one year after the inventor or designer resigned from the original unit or transferred to work; Second, the invention is related to the work undertaken by the inventor or designer in the original unit or the tasks assigned by the original unit.
2. Inventions and creations mainly made use of the material and technical conditions of the unit. "The material and technical conditions of the unit" refers to the funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public. It is generally believed that if all or most of the company's funds, equipment, spare parts, raw materials and technical data that are not disclosed to the public are used in the process of invention and creation, this utilization plays an indispensable and decisive role in the completion of invention and creation, and it can be considered as mainly using the material and technical conditions of the company. If only a small amount of material and technical conditions of the unit are used, and the use of such material conditions is irrelevant to the completion of the invention, it cannot be considered as a service invention. For the invention-creation made by using the material and technical conditions of the unit, if 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 right, such agreement shall prevail.
the right to apply for a patent for a service invention-creation and the patent right obtained belong to the unit where the inventor or designer works. Inventors or designers have the right of authorship and the right to receive bonuses and remuneration, that is, inventors and designers have the right to state that they are inventors or designers in patent application documents and related patent documents; A unit that has been granted a patent right shall, in accordance with the provisions, award a bonus to the inventor or designer of the service invention-creation; After the implementation of the invention-creation patent, the entity shall give the inventor or designer reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained. The right of authorship of an inventor or designer may be waived by a written statement.
third, the assignee refers to the unit or individual who has obtained the patent right according to law through contract or inheritance. The right to apply for a patent and the patent right can be transferred. After the transfer of the patent application right, if the patent is obtained, then the assignee is the subject of the patent right; After the patent right is transferred, the assignee becomes the new subject of the patent right.
if an invention-creation completed by two or more units or individuals in cooperation, or an invention-creation completed by one unit or individual entrusted by another unit or individual, both parties agree that the application for patent right for invention-creation belongs to the entrusting party, according to this agreement, after the application is approved, the unit or individual applying is the patentee. If there is no agreement between units or individuals, which constitutes entrusted development, the patent application and the patent right obtained shall belong to the trustee, but the trustee may exploit the patented technology free of charge.
after receiving the patent application right or patent right, the transferee does not become an inventor or designer, and the inventor or designer of the invention-creation does not lose his specific personal rights because of the patent application right or patent right transfer.
foreigners foreigners include natural immigrants and legal persons with foreign nationality. Foreigners who have their habitual residence or business office in China enjoy the same patent application right and patent right as citizens or units in China. Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China who apply for a patent in China may apply for a patent in accordance with the agreement signed between their country and China, the international treaties to which they belong, or the principle of reciprocity, but they shall entrust a patent agency designated by the patent administration department in the State Council to handle it.