The applicant (individual) and the inventor or designer can be different people.
Article 13 of the Detailed Rules for the Implementation of the Patent Law stipulates that the inventor or designer mentioned in the Patent Law refers to a person who has made creative contributions to the substantive features of invention-creation. Inventors should be individuals, not units or collectives, such as "XX Scientific Research Group" and so on. If several people did it, write down all the names.
In the process of completing an invention-creation, a person who is only responsible for organizing the work, who provides convenience for the use of material and technical conditions, or who is engaged in other auxiliary work is not regarded as an inventor or designer.
2. How are service inventions and non-service inventions defined?
According to Article 6 of China's Patent Law, inventions made by performing the tasks of the unit or mainly using the material and technical conditions of the unit belong to service inventions. 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.
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The term service invention-creation as mentioned in Article 6 of the Patent Law refers to:
(1) inventions made in their own work;
(2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit;
(3) Inventions and creations made within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations, which are related to my work undertaken in the original unit or tasks assigned by the original unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public.
3. The applicant is a company and the designer does not belong to the company. Is it necessary to prove the transfer?
The applicant (individual) and the inventor or designer can be different people. Therefore, when the designer does not belong to the company, there is no need to transfer certificates or other documents.
When the designer belongs to a unit, according to the provisions of Article 6 of the Patent Law, the invention-creation completed by performing the tasks of the unit or mainly using the material and technical conditions of the unit belongs to the service invention-creation. 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. 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.
4. What if different applicants submit the same application?
Where different applicants file separate applications for the same invention-creation, and the two applications meet other conditions for granting a patent right, according to Article 9 of the Patent Law, the patent right shall be granted to the person who applied earlier. After the earlier application for authorization, China National Intellectual Property Administration Patent Office issued a notice of examination opinions to the latter applicant, pointing out that the latter application did not conform to the provisions of Article 9 of the Patent Law. If the applicant fails to reply within the time limit, the latter application shall be deemed to be withdrawn; If the applicant still fails to comply with the provisions of Article 9 of the Patent Law after stating his opinions, the latter application will be rejected.
Where different applicants file separate applications for the same invention-creation on the same day, and both applications meet other conditions for granting a patent right, the applicant shall be notified to determine the applicant through consultation. If the applicant fails to reply at the expiration of the time limit, both applications shall be deemed as withdrawn; If negotiation fails, or if the applicant's statement or amendment does not conform to the provisions of Article 9 of the Patent Law, the two applications shall be rejected.
5. What rights does the patentee enjoy after authorization?
According to Article 11 of the Patent Law, after the patent right for invention and utility model is granted, unless otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes.
6. Will the Patent Office do something for the implementation of patents? Do you get paid to work?
China National Intellectual Property Administration Patent Office, as the patent administrative department of the State Council, is responsible for managing the patent work in the whole country, accepting and examining patent applications in a unified way, and granting patent rights according to law.
According to Article 93 of the Detailed Rules for the Implementation of the Patent Law, relevant patent fees shall be paid when applying for a patent. In order to reduce the burden of patent application and maintenance of enterprises and individuals, the Measures for the Reduction and Exemption of Patent Fees stipulates various situations in which fees can be reduced, and the applicant may request the reduction and exemption of fees according to relevant regulations.