Subject that does not grant patent right

Subject that cannot be granted patent right: 1. Where the party concerned does not enjoy the patent right, for example, the worker of the job work; 2, the parties do not have the ability to apply for a patent; 3. Other subjects that cannot be granted patent rights.

legal ground

Article 9 of the Patent Law Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Article 18 of the Civil Law of People's Republic of China (PRC) * * * An adult is a person with full capacity for civil conduct and can independently carry out civil legal acts. /kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct.