Can the patent applicant and inventor be different people?

Legal analysis: the patent applicant and the inventor can be different people. The right to apply for a patent can be transferred, and the patent applicant and inventor are different people after the transfer. According to the relevant provisions of the Patent Law, anyone who applies for a patent for invention or utility model shall submit a request, which shall specify the name of the invention or utility model, the name of the inventor, and the name and address of the applicant. Judging from this provision, the inventor and the applicant can be different people, because the inventor can transfer the right to apply for invention to others before applying for a patent.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 10 The right to apply for a patent and the patent right may be transferred. Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations. 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.

Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.