The patent applicant is an individual. How can it be used by a company, but the ownership does not belong to the company?

The patent applicant is an individual, and the technology described in the patent application can be used by the company by signing a license agreement between the patent applicant and the company. At this time, the patent application right still belongs to the patent applicant. Individuals and companies only have the right to use it under the time and space conditions stipulated in the license agreement, but do not have ownership rights.

The relationship between the patent inventor, applicant and patentee:

1. The patent inventor, applicant and patentee can be the same person (natural person), and their invention The person must be a natural person, and the applicant can be a natural person, or an industrial and mining enterprise, university, or public institution.

2. The patent applicant is the patentee (natural person, industrial and mining enterprise, college, university, public institution). The patent inventor is not necessarily the patentee or the patent applicant.

Extended information:

Classification

Generally, the inventor, designer and patent applicant are the same person. However, in the following situations, the patent applicant is someone other than the inventor or designer:

1) Someone else has obtained the right to apply for a patent for the invention from the inventor or designer through a contract , and applied for a patent. It should be noted that if an inventor or designer transfers his patent application right after filing a patent application, the transfer contract must be submitted to the Patent Office for filing, and the contract will take effect after the Patent Office registers the contract.

2) The heir of an invention-creation obtains the right to apply for a patent for the invention-creation through inheritance. Regarding the inheritance of patent rights under application, a request to change the applicant must be submitted to the Patent Office.

3) The law directly confers the right to apply for patents to persons other than inventors and designers. For example, the applicant for a service invention-creation is the unit where the inventor or designer works.

The inventor and designer must be natural persons, such as Li Si.

Reference: Baidu Encyclopedia - Patent Applicant

Reference: Baidu Encyclopedia - Patentee

Reference: Baidu Encyclopedia - Patent Inventor

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