What are the types of patentees? What are the types of patents?

The patentee is the subject of the patent right. The patentee includes both the owner and the holder of the patent, so what are the rights of the patentee? 1. Right to prohibit.

It means that only the patentee has the right to manufacture, use and sell the invention-creation, and has the exclusive right to obtain the patent, and any natural person, legal person or other organization must be licensed to use, manufacture and sell the patented product without remuneration; 2. License. It refers to the patentee's conditional permission for others to use its patented technology. The Patent Law of the People's Republic of China stipulates that "any entity or individual that exploits another person's patent shall enter into a written exploitation license contract with the patentee and pay the patentee royalties."

The licensee does not have the right to allow any entity or individual other than those specified in the contract to exploit the patent. "3. Right of transfer. Article 10 of the Patent Law of the People's Republic of China stipulates that:

The right to apply for a patent and the right to a patent can be transferred. "The right to apply for a patent or the patent right may be sold, gifted, mortgaged, or invested in shares at a price, and the transfer of inheritance is a transfer that occurs due to statutory reasons, and when the natural person who is the patentee dies, the patent right is transferred to the person with the right of inheritance in accordance with the provisions of the Inheritance Law. Legal basis:

Article 10 of the Trademark Law of the People's Republic of China provides that the right to apply for a patent and the right to apply for a patent may be transferred. Where a Chinese entity or individual transfers the right to apply for a patent or patent right to a foreigner, a foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department, which shall make a public announcement.

The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.

Hello, according to the provisions of China's Patent Law, there are three types of patentees:

1. The unit where the inventor or designer belongs. Paragraph 1 of Article 6 of the Patent Law stipulates that the right to apply for a patent belongs to a staff member of an enterprise, an institution, a social organization or a state organ who performs the tasks of the unit or mainly uses the material conditions of the unit to complete the service invention-creation.

2. Inventor and designer. Paragraph 2 of Article 6 of the Patent Law stipulates that the inventor or designer shall have the right to apply for a patent for a non-service invention-creation completed by the inventor or designer. For the purposes of the Patent Law, the term "inventor or designer" refers to a person who has made outstanding contributions to the substantive characteristics of the invention-creation.

A person who is only responsible for organizing the work, facilitating the use of material conditions, or other persons engaged in auxiliary work in the process of completing an invention or creation shall not be regarded as an inventor or designer.

3. Co-inventor and designer. Article 8 of the Patent Law stipulates that an invention-creation completed by two or more entities or individuals in collaboration is called a joint invention-creation, and the person who completes the invention-creation is called a co-inventor or co-designer. Unless otherwise agreed, the right to apply for a patent for a joint invention belongs to the co-inventors, and after the application is approved, the patent rights belong to the co-inventors.

The types of patent rights are: invention patent rights, utility model patent rights, and design patent rights. According to the relevant laws and regulations, inventions and creations that receive patent protection mainly refer to inventions, utility models and designs.

Inventions and utility models belong to a new technical solution. A design is a new design.

Legal basis:

Article 2 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.

For the purposes of this Law, the term "invention-creation" refers to inventions, utility models and designs.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

Article 64.

The scope of protection of a design patent right shall be subject to the design of the product represented in ** or **, and a brief description may be used to explain the design of the product indicated by ** or **.