1. Is the patentee a patent applicant?
The patentee is not necessarily the patent applicant, and the patentee of a patent shall be subject to the patent registration and patent announcement.
patent law of the people's republic of china
Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
Article 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
Second, the principle of patent application
1. Principle of patent grant
The basic principle of patent law is that the same invention can only be patented once, that is, only one patent right can be granted. If more than two people apply for a patent for the same invention, then the principles of handling are: the principle of first invention and the principle of first application.
The principle of first invention means that if two people apply for a patent for the same invention respectively, the grant of the patent right depends on who made the invention first, not on who applied for the patent first, that is, on the time of applying for the patent. Because of this principle, it is not easy to determine who is the first inventor, and many difficulties are encountered in practical application. So at present, only Canada, the United States and the Philippines are adopting it.
The principle of first application means that if two or more people apply for a patent for the same invention, the patent will be awarded to the first applicant, regardless of the time of invention. China and many other countries have adopted this principle.
2. Patent examination procedure
For patent applications, different countries have different requirements when examining, but basically they all implement these two systems: formal examination system and substantive examination system. Formal examination system refers to only examining whether the form of patent application is legal, but not whether the invention is novel. The substantive examination system refers to examining not only the form of the application, but also whether the invention is novel and substantive rather than advanced and practical. Only when all the above conditions are met can the patent right be granted. China and many other countries adopt the system of substantive examination.
The above is that the patent applicant must be the patentee? The whole content. From the above analysis, we know that according to the provisions of the patent law, the patent applicant is not necessarily the patentee. For example, if the inventor entrusts a patent application agency to apply for a patent, the applicant is not the patentee. The patentee shall be subject to the patent registration and patent announcement. If you need help with patents, you can consult the intellectual property department.