The right to declare oneself as an inventor or designer in the application documents is a kind of right of signature, so as a kind of right of signature, the inventor or designer can claim to enjoy or give it up. If the inventor or designer doesn't want to publish his name in the application documents, he can check "Don't publish his name" after the information column of the inventor or designer in the request when submitting the patent application. If the Patent Office considers that it meets the requirements after examination, it shall not publish the inventor's name in the patent bulletin, patent application pamphlet, patent pamphlet and patent certificate, and indicate the words "Request not to publish the name" in the corresponding position, and the inventor shall not request to publish his name again. If the inventor or designer wishes not to publish his name after submitting the patent application, he shall submit a written statement signed or sealed by the inventor, and shall submit it before the patent application enters the preparation stage for publication.
Inventions and utility models granted patent rights should be novel, creative and practical. Novelty means that the invention or utility model does not belong to the existing technology, and before the filing date, no unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council, and it is recorded in the patent application documents or patent documents published after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(a) When the country is in a state of emergency or an extraordinary situation, it shall be published for the first time for the purpose of public interest;
(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(3) It was first published at a specific academic conference or technical conference;
(4) Others disclose the contents of the application without the consent of the applicant.
Article 16 of the Patent Law of People's Republic of China (PRC) * * * An inventor or designer has the right to state in the patent documents that he is an inventor or designer.
The patentee has the right to indicate the patent mark on his patented product or the packaging of the product.