Is the patent right of joint invention a co-inventor?
With the strengthening of citizens' awareness of rights protection in China, more and more patents appear, and the maintenance of patents better reflects the perfection of the legal society. So, if * * owns the patent right of the invention, then * * owns the inventor? According to the relevant documents, * * * and the inventor are two or more individuals or units that jointly apply for a patent, and they all have corresponding patent rights. * * * with inventors and designers. According to Article 8 of the Patent Law, an invention created by two or more units or individuals is called a * * * co-invention, and the person who completed this invention is called a * * * co-inventor or a * * * co-designer. Unless otherwise agreed, the right to apply for a patent for the invention-creation belongs to the inventor. After the application is approved, the patent right belongs to * * * and the inventor. 1. Is the patent right for the same invention owned by the same inventor? According to the provisions of China's patent law, there are three types of patentees: 1, where the inventor and designer work. Paragraph 1 of Article 6 of the Patent Law stipulates that employees of enterprises, institutions, social organizations and state organs have the right to apply for a patent for their job inventions or creations made by using their own material conditions. 2. Inventors and designers. Paragraph 2 of Article 6 of the Patent Law stipulates that the right to apply for a patent for a non-service invention-creation completed by an inventor or designer belongs to the inventor or designer. The inventor or designer mentioned in the patent law refers to a person who has made outstanding contributions to the substantive characteristics of invention-creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the use of material conditions, or engaging in other auxiliary work is not regarded as an inventor or designer. 3.* * * The same inventor and designer. According to Article 8 of the Patent Law, an invention created by two or more units or individuals is called a * * * co-invention, and the person who completed this invention is called a * * * co-inventor or a * * * co-designer. Unless otherwise agreed, the right to apply for a patent for the invention-creation belongs to the inventor. After the application is approved, the patent right belongs to * * * and the inventor. Two meanings of patent In China, patent has two meanings: 1. The use in spoken language only refers to "exclusive". For example, "This is just my patent". 2. There are three confusing meanings in intellectual property rights, including: first, the patent right refers to the patent right enjoyed by the patentee, that is, the state grants the patentee or his successor the exclusive right to use his invention and creation within a certain period of time, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law. Second, it refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. The "patent" here refers to the technology or scheme protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country. Third, it refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document. To sum up, it is correct to say that the patent right of * * * co-invention belongs to * * * co-inventor, and patent protection has become an important means of safeguarding rights in today's society. When you have your own technical or professional ideas and don't want others to possess them privately, you can apply for a patent. Of course, you have to wait patiently in the process of applying for a patent.