How many can the patentee and the inventor have, and do all patentees have the same income?

Jite intellectual property rights: 1. As an intangible asset, patent has huge commercial value and is an important means to enhance the competitiveness of enterprises. 2. The enterprise will apply for patents for scientific research results, which is the basis for the implementation of the patent strategy of the enterprise.

3. The quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness, and the symbol of the company's identity and status in the industry. 4. Enterprises can obtain long-term benefits through the application of the patent system. 5. Possession of patents by enterprises is a necessary prerequisite for the declaration of high-tech enterprises, innovation and other scientific and technological plans and projects.

Article 8 of the Patent Law stipulates that, unless otherwise agreed, the right to apply for a patent for an invention-creation completed by two or more entities or individuals, or for an invention-creation completed by one or more entities or individuals under the entrustment of other units or individuals, belongs to the unit or individual that completed or jointly completed the invention-creation. After the application is approved, the applicant is the patentee. Therefore, there is no limit to the number of patentees and inventors.

The rights of all patentees are equal, of course, if there is an agreement between the right holders, it can also be agreed upon.

Zongheng Legal Network-Hainan Huihai Law Firm-Tao Hong lawyer.

From what I know reliably, there is no concept of a "completer" in patents. The first patentee is the first applicant at the time of application, and after the license, he becomes the patentee and has the actual right to dispose of the patent. For example, the implementation or transfer of others, suing others for infringement as the subject of litigation, etc.

The first inventor is the inventor in the first ranking, that is, the person who has made a substantial contribution to the reputation of the patent family only has the right to sign, and has no actual right to dispose of the patent. The rights of patentees and inventors in patent law are not affected by rankings, but may require various other policy evaluations (e.g., evaluation of professional titles, etc.). <>

For example, the requirement is to be the first inventor, etc. Proceeds from the assignment of patent rights. Once a patent license is obtained, the patentee who applies for a patent can also enjoy the benefits of the patent, and the patent right can be transferred.

Because patents are part of intangible assets, they have certain property attributes. Through the renewal, the necessary legal effect can be transferred to the patent and the benefits of the patent can be enjoyed. On the other hand, many enterprises or individuals find valuable patents and can play a greater role while purchasing related patents.

That is, once a patent is licensed, the proceeds can be shared by transferring ownership of the patent. For some core technologies, the benefits can be shared by technology settlement. Improve the added value of enterprise products and obtain benefits.

Article 15 of the Patent Law provides that the entity to which the patent right has been granted shall reward the inventor or designer of the service invention or creation. After the invention or creation patent is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of popularization and application and the economic benefits achieved. The State encourages institutions granted patent rights to implement property rights incentives, using equity, options, dividends, etc., so that inventors or designers can reasonably share the benefits of innovation.

If you are the first inventor and the first patentee, and you have not transferred the patent rights to others, and you have not cooperated with others, you can exclusively enjoy the benefits of the first patent generated.

Yes, you must take the relevant materials and evidence, and go to the relevant local agencies to handle the business, so that you can get exclusive rights.

No. Because investors also need to obtain a certain amount of income, they cannot exclusively enjoy the income generated by patents.

Of course, as long as you don't give this permission to others, then you can enjoy the profits brought by this permission.

Since the number of inventions is not stated in the Patent Law, it is generally believed that there is no limit to the number of patent inventors without provisions, that is, there is no limit to the number of inventions. 1. The inventor of the patent can only be an individual, not a unit, and the right holder can be an individual or a unit. 2. The inventor of the patent has the right of reputation and no property right; The patentee has two aspects: the patent's moral right and the patent's property right, and the inventor can only change but cannot transfer it (the patent inventor will not change because of the slow transfer of patent property rights).

In the patent system, inventions are generally not the patentee, only the suspect (including natural persons and legal persons) who has the right to apply is the patentee, and the inventor has only made substantial contributions to the patent on behalf of the person!

Legal analysis: rights and obligations are mutually reinforcing, and since the person who repents Sun Liquan has the right, it must also fulfill the corresponding obligations. The patentee shall pay the patent annuity fee on time after obtaining the patent right.

The patent annuity fee should be paid on time every year to ensure the validity of the patent right, and if the patent annuity fee is not paid within the time limit, the patent right will be lost, and the invention will no longer be protected by the patent law, and anyone can use it at will.

Article 6 An invention-creation completed in the performance of the tasks of the unit or mainly by making use of the material and technical conditions of the unit shall be a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the unit is the patentee. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or the designer who has never been there; After the application is approved, the inventor or designer is the patentee.

Where the unit has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.

Article 7 No unit or individual may suppress an inventor's or designer's application for a patent for a non-service invention-creation.

The patentee and the inventor do not enjoy the same rights. The right to apply for a patent for a service invention belongs to the unit, and the unit, as the patentee, has the right to possess, use and dispose of the patent, and the inventor or designer has the right of authorship and the right to receive necessary remuneration, but has no right to possess, use and dispose of the patent, and cannot transfer the patent without authorization to obtain benefits. After obtaining the patent right, the patentee shall pay the patent annuity fee on time.

If the patent annuity fee is not paid on time, the patent right will be lost, and the invention will no longer be protected by the patent law.

1. The term of patent protection is several years.

How many years does patent protection last? Paragraph 1 of Article 42 of the Patent Law of the People's Republic of China stipulates that the term of an invention patent right is 20 years, the term of a utility model patent right is 10 years, and the term of a design patent right is 15 years, all of which are calculated from the filing date.

Article 44 of the Patent Law of the People's Republic of China stipulates that a patent right shall be terminated before the expiration of the term under any of the following circumstances:

1) Failure to pay annual fees in accordance with regulations;

2) The patentee renounces its patent right by a written statement.

If the patent right is terminated before the expiration of the term of the patent right, it shall be registered and announced by the patent administration department.

2. What should I do if the patent annuity fee is expired due to forgetting to pay it?

After applying for a patent, you need to pay the corresponding patent annuity fee every year, and the patent annuity fee also increases year by year. Usually, the time to pay the patent annuity fee is one month before the expiration of the patent annuity fee of the previous year. If the patent annuity fee is not paid on time within the payment period, the fee can be paid within six months after the expiration date of the patent annuity fee, but a late fee will be incurred from the first month after the expiration of the patent fee, and the late fee will increase every month, and the patentee can resume the right to use the patent fee and the late fee.

If the patentee fails to pay the relevant fees after six months, the patent will become invalid.

Article 6 of the Patent Law of the People's Republic of China provides that an invention-creation is a service invention-creation that performs the tasks of the employer or mainly uses the material and technical conditions of the employer. The right to apply for a patent for a service invention-creation belongs to the employer, and after the application is approved, the unit is the patentee. The unit may dispose of its right to apply for a patent for a service invention-creation and the patent right in accordance with the law, and promote the implementation and application of the relevant invention-creation.

For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; After the application is approved, the inventor or designer is the patentee.

Where the unit has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.