Rights of patent applicants and inventors

Legal analysis: the right to apply for a patent for service invention belongs to the unit. As the patentee, a unit has the right to possess, use and dispose of its patent, and the inventor or designer has the right to sign and get the necessary remuneration, but has no right to possess, use and dispose of the patent, and cannot transfer the patent without authorization to obtain benefits.

Non-service inventions, patent applications and patent rights belong to the inventor, and only he can possess, use and dispose of the patent. He can not only sell patents, but also transfer the right to use patented technology or implement patents himself, thus obtaining economic benefits. After obtaining the patent right, the patentee shall pay the annual fee on time. If the annual patent fee is not paid on time, the patent right will be lost, the invention will no longer be protected by the patent law, and anyone can use it at any time.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. 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. Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.

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.