Rights and interests of patent inventors

Legal analysis: Rights and obligations are complementary. Since the patentee has the right, he must also fulfill the corresponding obligations. After obtaining the patent right, the patentee shall pay the annual fee on time. The annual patent fee shall be paid on time every year to ensure the validity of the patent right. If the annual patent fee is not paid within the time limit, the patent right will be lost, and the invention is no longer protected by the patent law, and anyone can use it at will.

Legal basis: The provisions of the Patent Law of People's Republic of China (PRC) on service inventions are as follows, stipulating who has the right to apply for a patent and obtain a patent right:

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.

Where an invention-creation completed by making use of the material and technical conditions of 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.

Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.