1. Inventor or designer refers to a person who has made creative contributions to the substantive features of invention and creation. In the process of completing the invention and creation, people who are only responsible for organizing the work, who provide convenience for the use of material and technical conditions, or who are engaged in other auxiliary work, such as testers, draftsmen, mechanical processors, etc. Are not inventors or designers. Among them, the inventor refers to the inventor of the invention; Designer refers to the person who has completed the utility model or design. Inventors or designers can only be natural persons, not units, collectives or research groups.
Invention is the result of intellectual labor. Invention is a factual act, not limited by the capacity for civil conduct. Therefore, no matter whether a person engaged in invention and creation has full capacity for civil conduct, as long as he has completed his own invention and creation, he should be recognized as an inventor or designer.
Inventors or designers include inventors or designers of non-service inventions and creations and inventors or designers of service inventions and creations. Non-service invention-creation refers to an invention-creation that is neither completed by the unit nor mainly made use of the material and technical conditions provided by the unit. For non-service inventions, the right to apply for a patent belongs to the inventor or designer. No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation. After the application is approved, the inventor or designer shall be the patentee.
Where a non-service invention-creation is jointly completed by two or more inventors and designers, the person who completed the invention-creation is called a * * * co-inventor or a * * * co-designer. * * * The right to apply for a patent for an invention-creation and the patent right obtained shall be owned by * * *.
Two, the inventor or designer's unit for the service invention-creation, the subject of the patent right is the inventor or designer's unit. The invention-creation by taking advantage of one's position refers to the invention-creation accomplished by performing the tasks of one's own unit or mainly using the material and technical conditions of one's own unit. The "units" mentioned here include domestic enterprises of various ownership types and properties, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises; In terms of labor relations, it includes both fixed work units and temporary work units.
Service inventions are divided into two categories:
1. Inventions and creations completed by executing the tasks of this unit. Including three situations: (1) inventions made in the course of one's own work; (2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit; (3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the work undertaken by myself in the original unit or the tasks assigned by the original unit. In the third case, a service invention-creation can only be constituted if two conditions are met at the same time: first, the invention-creation must be made within 1 year after the inventor or designer resigns from the original unit or transfers his job; Two, the invention is related to the work undertaken by the inventor or designer in the original unit or the task assigned by the original unit.
2. Inventions and creations mainly make use of the material and technical conditions of the unit. "The material and technical conditions of the unit" refers to the funds, equipment, spare parts, raw materials or technical data that are not disclosed to the public. It is generally believed that if all or most of the company's funds, equipment, spare parts, raw materials and undisclosed technical data are used in the process of invention and creation, this utilization plays an indispensable and decisive role in the completion of invention and creation, which can be considered as mainly utilizing the company's material and technical conditions. If only a small amount of material and technical conditions of the unit are used, and the use of such material conditions has nothing to do with the completion of the invention, it cannot be regarded as a service invention. Where an invention-creation is made using the material and technical conditions of the entity, 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.
The right to apply for a patent for a service invention-creation and the patent right obtained belong to the unit where the inventor or designer works. The inventor or designer enjoys the right of authorship and the right to receive bonuses and remuneration, that is, the inventor or designer has the right to declare himself as an inventor or designer in the patent application documents and related patent documents; The entity that has been granted the patent right shall, in accordance with the provisions, give a bonus to the inventor or designer of the service invention-creation; After the patent for invention-creation is implemented, the entity shall give the inventor or designer reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained. The right of authorship of an inventor or designer may be waived by a written statement.
Three, the assignee refers to the unit or individual who has obtained the patent right according to law through contract or inheritance. The right to apply for a patent and the patent right can be transferred. After the transfer of the patent application right, if the patent is obtained, then the assignee is the subject of the patent right; After the transfer of the patent right, the assignee becomes the new subject of the patent right.
Where two or more units or individuals cooperate to complete an invention-creation, or one unit or individual accepts the entrustment of another unit or individual to complete an invention-creation, and both parties agree that the application for patent right for invention-creation belongs to the entrusting party, according to their agreement, after the application is approved, the unit or individual applying for the patent right shall be the patentee. If there is no agreement between units or individuals, which constitutes entrusted development, the patent application and the patent right obtained shall belong to the trustee, but the trustee may exploit the patented technology free of charge.
The assignee shall not become an inventor or designer after obtaining the patent application right or patent right, and the inventor or designer of the invention-creation shall not lose his specific personal rights because of the transfer of the patent application right or patent right.
4. Foreigners Foreigners include natural immigrants and legal persons with foreign nationality. Foreigners who have their habitual residence or business office in China enjoy the same patent application right and patent right as citizens or units in China. Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China who apply for a patent in China may apply for a patent according to the agreement signed between their country and China, the international treaties to which they are party or the principle of reciprocity, but they shall entrust a patent agency designated by the patent administration department in the State Council to handle it.