The inventor of a patent is the inventor. Inventors have the right to sign and receive prizes. All other rights belong to the patentee.
3, multiple patentees, patent rights are * * * and * *.
4. Many inventors, from the perspective of patent law, have no order. However, if you want to declare a professional title or a project, people in the personnel department and the project evaluation department will look at the inventor of the patent according to the habit of looking at the author of the paper.
The premise of patent application is that the patent has been invented before it can be applied. There are two subjects, the inventor and the applicant. Some people may think that they should be the same person, but this may not be the case. This article will teach you how to distinguish a patent inventor from a patent applicant.
I. Definition
1. Patent inventor refers to a person who has made creative contributions to the substantive characteristics of invention and creation. Inventors can only be natural persons.
2. The applicant for a patent is the party that requests a patent for invention or design from the Patent Office. The applicant can be a unit or a natural person.
Second, the distinction between rights and interests.
1, inventor
Article 77 of the Patent Law stipulates that if there is no agreement between the entity granted the patent right and the inventor or designer, and the rules and regulations formulated according to law do not stipulate the reward method and amount stipulated in Article 16 of the Patent Law, it shall give the inventor or designer a bonus within 3 months from the date of announcement of the patent right. The bonus for an invention patent is at least 3,000 yuan; The minimum bonus for utility model patent or design patent shall not be less than 1000 yuan.
Article 78 Where, within the validity period of the patent right, a unit granted a patent right has not agreed with the inventor or designer or agreed on the way and amount of remuneration as stipulated in Article 16 of the Patent Law in the rules and regulations formulated according to law, after the patent for invention-creation is implemented, it shall withdraw not less than 2% from the commercial profit of the patent for invention or utility model or not less than 0.2% from the commercial profit of the patent for design as remuneration to the inventor or designer every year.
2. Applicant
(1) exclusive rights. It means that only the patentee has the right to manufacture, use and sell his invention and creation, and enjoys the exclusive right to obtain a patent, and any natural person, legal person or other organization has to pay remuneration to obtain the license to use, manufacture and sell the patented product;
(2) the right of transfer. Article 10 of the Patent Law of People's Republic of China (PRC) stipulates that the patent application right and patent right can be transferred.
(3) permission. Refers to the patentee conditionally allowing others to use his patented technology. Specifically, the patentee (licensor) allows others (licensee) to use all or part of the technology created by the patented invention under certain conditions by signing a contract.