On the Ownership of R&D Patent Application

1, inventor. Patent inventor refers to a person who has made creative contributions to the substantive characteristics of invention and creation. In the process of completing invention and creation, people who are only responsible for organizing work, providing convenience for the use of material and technical conditions, or engaged in other auxiliary work do not belong to inventors, such as testers (inspectors), sketchers, mechanical processors, etc.

2. Identification of creative contribution: China's Patent Law and its implementing rules have no specific provisions on what is "creative contribution". Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Technical Contract Disputes stipulates that when determining creative contributions, the people's court shall decompose the substantive technical composition of the technical achievements involved, and the person who puts forward the substantive technical composition and thus realizes the technical scheme is the person who makes creative contributions. Lawyers believe that people who put forward the substantive characteristics of invention and creation and realize the technical scheme from them can be regarded as people who make creative contributions, including "putting forward the overall design concept in the research of the subject, and the technical scheme put forward is advanced, creative and practical;" In the process of completing technical achievements, it has played a backbone and guiding role in key technical issues; People who are always responsible for the research of this topic and make creative contributions to solving key technologies. "

3. Conclusion: The other two have only done inspection work, so they can't be inventors and don't enjoy the right to apply for a patent.