The right to apply for a patent for service invention belongs to the unit. As the patentee, the unit has the right to possess, use and dispose of its patent. An inventor or designer enjoys the right of authorship and the right to receive necessary remuneration, but he has no right to possess, use or dispose of the patent, and cannot transfer the patent to obtain benefits without authorization. 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. Besides rights, what obligations should the patentee perform? 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 objectivity:
According to China's patent law, the patentee enjoys the following rights: (1) exclusive right. Exclusive rights are also called "exclusive rights". Article 11 of the Patent Law stipulates: "Except as otherwise provided in this Law, after the patent right for invention and utility model is granted, no unit or individual may exploit its 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 patent right for design is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell or import its patented products for production and business purposes. " (2) License enforcement right. The right to license implementation, that is, the right to use the license, means that the patentee conditionally allows others to use his patented technology. Specifically, the patentee (licensor) allows others (licensee) to use all or part of the patented invention-creation technology under certain conditions by signing a contract. (3) the right of transfer. Patent transfer refers to all legal acts of the patentee, as the transferor, transferring his patent to another party (transferee). The transfer of the patent right has changed the owner of the main patent right, and the original patentee no longer owns the patent right. There are two ways to transfer patent right: contract transfer and inheritance transfer. The transfer of the contract is carried out on a voluntary basis, such as the transfer of patent rights by means of sale, exchange, gift and technology sharing. Inheritance transfer is a transfer due to legal reasons. When the patentee (natural person) dies, the patent right is transferred to the person who enjoys the right of inheritance according to the inheritance law. Article 10 of the Patent Law stipulates: "The right to apply for a patent and the patent right may be transferred. Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the relevant competent department in the State Council. 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. " (4) Other rights of the patentee. ① Marking right: refers to the right of the patentee to indicate the patent mark and patent number on his patented product or the packaging of patented product. (2) Waiver right: When the patentee thinks that it is unnecessary to continue to maintain the patent right, he can declare in writing that he will give up the patent right, or he may not pay the patent maintenance fee, and the patent right will automatically terminate. (3) the right to request protection: that is, when the patent right is infringed by others, the patentee has the right to request judicial protection according to law.