2. There are strict differences between the patentee and the patentee:
(1) The patent application right is an independent property right and a relative claim right. The right to apply for a patent for an invention-creation enjoyed by a specific subject cannot exclude others from filing a patent application for an invention-creation with the same theme. In other words, for an invention-creation with the same theme, there may be multiple subjects eligible to file a patent application, but one of them may be approved as the patentee.
(2) The successor patentee is often not the patent applicant.
Legal basis: Article 10 of the Patent Law of People's Republic of China (PRC), the patent application right and patent right can 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.