What's the difference between patent application right and patent right?
Patent application, many people only know the patent right, but they don't know that there is a patent application right. Patent right is the exclusive right to use the patent within a certain period of time after a successful patent application. Patent application right refers to the right to apply for a patent. In China, the ownership of patent application right generally has the following three situations: the patent application right is 1, and the service invention patent application right belongs to the company. The so-called service invention refers to the invention and creation carried out in the execution of the company's tasks or mainly by using the company's material and technical conditions. The material and technical conditions here mainly refer to the funds, equipment, spare parts, raw materials and technical data that are not disclosed to the public. In addition, if an employee has retired or changed jobs, as long as it is made within 1 year after the job change, as long as it is related to his own work or tasks assigned by the original unit, the patent application right will be returned to the original unit. Of course, there are exceptions, that is, the invention-creation is completed by using the material and technical conditions of the unit, but if the unit has a contract with the inventor, the ownership of the patent application right should be decided according to its agreement. 2. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer. If you are a researcher of Chinese Academy of Sciences, mainly studying atmospheric remote sensing technology, you have designed a creative and practical earphone. Can be used to apply for a patent, the applicant is of course you, because your invention has nothing to do with the Chinese Academy of Sciences' own research, and it is entirely the result of your own labor. Article 7 of the Patent Law clearly stipulates that an application for a patent for a non-service invention-creation of an inventor or designer shall not be suppressed. 3.* * Inventions and creations jointly completed by two or more units or individuals who have the right to apply for a patent, and inventions and creations entrusted by one unit or individual to another unit or individual, unless otherwise agreed, the right to apply for a patent belongs to the units or individuals who jointly completed or jointly completed. This is the same as the * * * in the trademark application.