(1) The right to apply for a patent for service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee.
(2) 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.
(3) Where the invention and creation are completed by making use of the material and technical conditions of the entity, and 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.
Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC). An invention made by performing the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
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.
The rights and obligations of the patentee are as follows:
1, the rights of the patentee:
(1) own patent enforcement right, that is, the act of manufacturing, using, selling, promising to sell and import its patented products or using its patented methods.
(2) the right to license others to exploit their patents, the licensee obtains the corresponding patent exploitation right, and pays the patent royalties to the patentee.
(3) the right to prohibit others from exploiting their patents. Without the permission of the patentee, no unit or individual may exploit its patent, that is, it may not manufacture, use or sell its patented products or use its patented methods for production and business purposes.
(4) the right to request protection.
(5) the right to transfer the patent right.
(6) the right to indicate the patent right on the product, the patentee has the right to indicate the patent mark and patent number on the patented product or the packaging of the product.
2. Obligations of the patentee:
(1) The obligation to fully disclose the contents of the invention. According to the Patent Law, the scope of protection of the patent right of an invention or utility model shall be subject to the content of its claim, and the description and drawings can be used to explain the claim.
(2) Obligation to pay the annual fee. The patentee shall pay the annual fee from the year when the patent right is granted.
In accordance with the provisions of the Patent Law, inventions made by performing the tasks of one's own unit or mainly using the material and technical conditions of one's own unit belong to service inventions. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. I hope the above content can help you. If you have any other questions, you can click the button below or consult a professional lawyer in Hualv.com. ..