Legal subjectivity:
As an imported product, my country’s patent law has had relevant problems in its judicial practice. Therefore, we must continue to make effective adjustments based on my country’s specific practice and national conditions. More effective research needs to be done on the specific provisions in the law. 1. What is patent law? Patent law is the sum of legal norms that regulate certain social relationships arising from inventions and promote technological progress and economic development. In terms of its nature, patent law is both domestic law and foreign-related law; it is not only a substantive law that establishes the rights and obligations of the patentee, but also a procedural law that stipulates a series of procedural systems for patent application, review, and approval; It is a law that adjusts the vertical relationship in patent application, examination, approval and patent implementation management, and it is a law that adjusts the horizontal relationship between patent ownership, patent transfer and licensing; it is a law that adjusts the personal relationship of patents and patent property. The law of relationships. 2. What does the Patent Law stipulate? The qualifications of applicants for invention patents, the objects protected by the Patent Law, the patent application and examination procedures, the conditions for obtaining patents, patent agents, ownership of patent rights, the occurrence and elimination of patent rights, and the protection of patent rights. period, the rights and obligations of the patentee, patent implementation, transfer and use license, protection of patent rights, etc. 3. How to understand the content of Article 16 of the Patent Law. Article 16 The unit granted the patent right shall reward the inventor or designer of the service invention-creation; after the invention-creation patent is implemented, the award shall be based on the scope of its promotion and application and the economic benefits obtained. Benefit, reasonable remuneration to the inventor or designer. 1. According to this provision, the patent right for a service invention belongs to the unit where the inventor or designer works. The unit is the patentee and enjoys all the rights granted by the law to the patentee. Although inventors or designers cannot enjoy patent rights for service-based inventions and creations, they should be rewarded accordingly for their intellectual labor, which is conducive to unleashing individuals' enthusiasm for inventions and creations and promoting scientific and technological progress and innovation. 2. According to the provisions of this article, the unit that is granted the patent right shall reward the inventor or designer regardless of whether the invention and creation for which the patent right is granted has been implemented or whether it has created economic benefits. After the invention-creation patent is implemented, the unit that is granted the patent right shall also provide the inventor or designer with reasonable remuneration based on the scope of promotion and application of the invention-creation patent and the size of the economic benefits achieved. To sum up, although inventors or designers cannot enjoy patent rights for service inventions and creations, they should be rewarded accordingly for their intellectual labor, regardless of whether the inventions and creations for which they are granted patent rights have been implemented or created. Produce economic benefits.