The subject of patent right refers to the person who enjoys the patent right and undertakes the corresponding patent obligations according to the patent law, including natural persons, legal persons and other social organizations. According to the provisions of the patent law, people who can become the subject of patent rights include: actual inventors and designers; Co-inventor and designer; Unit; Patent transfer assignee, etc. 1. Inventor or Designer An inventor or designer refers to a person who has made creative contributions to the substantive features of invention-creation. According to the provisions of China's patent law, inventors, patent applicants and patentees have relatively independent identities, and inventors or designers are the basic basis for establishing patent applicants or patentees. That is to say, the inventor, the patent applicant and the obligee are not necessarily unified, but can be separated in most cases. The inventor is not necessarily the patentee, and the patentee is not necessarily the inventor. Article 6 of the Patent Law states: "An invention-creation made by performing the tasks of the entity or mainly utilizing 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. If the inventor or designer has a contract with the entity to stipulate the right to apply for a patent and the ownership of the patent right for the invention-creation completed by using the material and technical conditions of the entity, such agreement shall prevail. " It can be seen that the provisions of the law on the patentee are conditional and clear, and the right to apply for a patent for service invention belongs to the unit, not the inventor; After the application is approved, the unit is the patentee, and the inventor is not the patentee and does not enjoy the patent right; The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer The criteria for distinguishing service inventions from non-service inventions are mainly to see whether they are mainly inventions made by using the material and technical conditions of the unit or performing the tasks of the unit, which are embodied in: (1) own work; (2) other tasks assigned by the unit other than their own work; (3) Inventions and creations related to the work or tasks of the original unit made within one year after retirement and job transfer still belong to the service inventions and creations of the original unit. Of course, "inventions made with the material and technical conditions of the unit" allow the parties to make an agreement according to the specific circumstances. If both parties have an agreement in advance, they can respect their agreement. Two, * * * and the inventor or * * * and the designer * * * and the inventor or * * * and the designer, refers to two or more people who have made creative contributions to the same inseparable invention or design. To judge whether * * * is the same as the inventor or designer, one is to see whether the inventor or designer has made creative contributions to invention and creation; The second is to see whether there is a dependency between contributions, whether it is only a part of the whole invention or design, that is, whether the contributions of members can be divided. An application for a patent shall be filed jointly by * * * and the inventor or by * * * and the designer, and the right to obtain a patent shall be jointly owned by them. 3. Ownership of the entrusted invention The entrusted invention is based on the cooperative relationship between the parties. So usually, the parties will sign a written contract, and the ownership of the main rights will be negotiated by the parties first. Where there is no negotiation, unless otherwise agreed, the right to apply for a patent belongs to the research developer. If the developer obtains the patent right, the client may exploit the patent for free. 4. Unless otherwise agreed, the right to apply for a patent belongs to the entity or individual that completed the invention or creation in cooperation with two or more entities or individuals, or the invention or creation entrusted by one entity or individual to another entity or individual; After the application is approved, the applicant unit or individual shall be the patentee. Article 8 of the Patent Law stipulates: "Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation jointly completed by two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the unit or individual applying for it is the patentee. " 5. The legal successor of the assignee's patent right refers to the person who has obtained the patent right according to law by means of transfer, gift or inheritance. Because patents have property attributes, patent application rights and patent rights can be transferred. Units and individuals that have obtained the patent right according to law through contract or inheritance belong to the patentee. Of course, if the legal heir of the patent right has obtained the patent right according to law by means of transfer, gift or inheritance, it will not affect the identity right of the inventor or designer of the original subject of the patent right. (5) Foreigners have the right to apply for a patent in China according to the patent law of China. Foreigners here include both foreign natural persons and foreign legal persons or other organizations. According to the national treatment principle of the Paris Convention, foreigners who have their habitual residence or actual business office in China enjoy the same patent application right and patent right as citizens or units in China. At the same time, Article 18 of China's Patent Law stipulates: "If a foreigner, foreign enterprise or other foreign organization who has no habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with the agreement signed between his country and China or the international treaty to which * * * is a party, or in accordance with the principle of reciprocity."
Legal objectivity:
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Article 10 of the Patent Law of People's Republic of China (PRC) * * * The patent application right and patent right can be transferred. Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.