The subject of patent right, that is, the patentee, refers to the person who enjoys the rights stipulated in the patent law and undertakes the corresponding obligations at the same time. In China, both natural persons and units can apply for or obtain patents and become the subject of patent rights. It should be noted that the subject of the patent right is not equal to the inventor or applicant of the patent.
The patentee of a cooperative invention is usually the unit or individual who has completed the patented invention. Co-invention, also known as * * * simultaneous invention, refers to the invention and creation completed by more than two units or individuals. Unless otherwise agreed in the agreement, the right to apply for a patent shall be enjoyed by the unit or individual who has completed the cooperation. After the application is approved, the applicant unit or individual shall be the patentee.
The patentee of the commissioned invention is usually the unit or individual who has completed the patented invention. Entrusted invention refers to an invention created by one unit or individual under the entrustment of other units or individuals. The right to apply for a patent shall be enjoyed by the client who has made creative contributions to the substantive characteristics of the invention-creation. After the application is approved, the client of the application is the patentee. If there is a clear agreement between the two parties in the entrustment contract, the right to apply for a patent belongs to the agreement.
The patentee of a service invention is usually the unit where the inventor works. Service invention refers to the invention and creation carried out by performing the tasks of the unit or mainly using the material and technical conditions of the unit. 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. Where there is a contract agreement between the entity and the inventor or designer on the right to apply for a patent and the ownership of the patent right, the agreement shall prevail.
These subjects include the heir of the patentee, the licensee who implements the license contract and so on. Generally, the licensee who implements the license contract has no right to independently exercise the patent right, and the licensee who monopolizes the license contract has an independent right of appeal, and the licensee who monopolizes the license contract has an independent right of appeal if the patentee waives the right of application.
legal ground
patent law of the people's republic of china
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 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 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.