Patent holders and inventors

Legal analysis: the difference between inventor and patentee: the patentee refers to the owner of the patent right recorded in China National Intellectual Property Administration patent register, that is, the patentee must enjoy the patent right. Inventor refers to a person who has made creative contributions to the substantive characteristics of invention and creation. Inventors can only be creators of inventions and creations, and do not necessarily enjoy patent rights.

Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC) refers to inventions and creations made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.

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.

Where there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.