(A) from the definition of distinction:
Patent holder: the owner and holder of the patent right. That is, when the patent application is approved, the patent applicant is granted the patent right. The patentee can be a unit or an individual.
Inventor: According to the patent law, in invention patents and utility model patents, the person who contributes to the specific substantive features of the invention creation is called an inventor. The inventor is a natural person.
(two) from the right to distinguish:
Rights of patentee: including patent personal rights and patent property rights.
1. Personal right of patent: refers to the right of the inventor and designer of a patent to declare that they are the inventor or designer of the patent in the patent document, that is, the right of signature, which will not disappear due to the transfer of patent property rights.
2, patent property rights mainly include the following three aspects:
(1) exclusive rights. It means that only the patentee has the right to manufacture, use and sell his invention and creation, and enjoys the exclusive right to obtain a patent. Any natural person, legal person or other organization that uses, manufactures and sells patented products must obtain a license for free.
(2) permission. Refers to the patentee conditionally allowing others to use his patented technology. Specifically, the patentee (licensor) allows others (licensee) to use all or part of the patented invention-creation technology under certain conditions by signing a contract.
(3) the right of transfer. Article 10 of the Patent Law of People's Republic of China (PRC) stipulates: "The right to apply for a patent and the patent right can be transferred." The right to apply for a patent and the patent right can be sold, donated, mortgaged, or invested at a fixed price. Inheritance and transfer are due to legal reasons. When the patentee (natural person) dies, the patent right is transferred to the person who enjoys the right of inheritance according to the inheritance law.
Inventor's right: the right to sign, the inventor can request the patent office not to publish his name. Inventors can only be individuals, not units.
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.
Rights and obligations are complementary. Since the patentee has the right, he must also fulfill the corresponding obligations. After obtaining the patent right, the patentee shall pay the annual fee on time. The annual patent fee shall be paid on time every year to ensure the validity of the patent right. If the annual patent fee is not paid within the time limit, the patent right will be lost, and the invention is no longer protected by the patent law, and anyone can use it at will.
Legal basis:
patent law of the people's republic of china
Article 10 The right to apply for a patent and the patent right may 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.
Article 13 After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploited the invention to pay an appropriate fee.