First, the inventor. An 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-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work does not belong to the inventor or designer. 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 and is not limited by civil capacity. Therefore, no matter whether the person engaged in invention has full capacity for civil conduct or not, as long as he has completed the invention, he should be recognized as the inventor or designer.
Second, the unit. For service invention-creation, the subject of patent right is the unit where the inventor or designer of the invention-creation belongs. 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.
Third, the assignee. The transferee refers to the unit or individual that obtains 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.
Fourth, foreigners. Foreigners include natural persons 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.
Legal basis: Article 2 of the Copyright Law of People's Republic of China (PRC), works of China citizens, legal persons or unincorporated organizations, whether published or not, enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law.