Can the inventor or right holder of a patent be an individual and an enterprise at the same time?

First of all, the inventor is not the right holder, but the applicant is the right holder of the patent.

1) Provisions on inventors.

Article 13 of the Implementing Rules of the Patent Law stipulates that an inventor refers to a person who has made an inventive contribution to the substantive features of the invention-creation.

Section 1 of Part I of the Patent Examination Guidelines provides:

The inventor shall be an individual, and the request shall not be filled in by the unit or collective, for example, it shall not be written as "research group". The inventor shall use his or her real name and shall not use a pen name or other informal name.

2) Provisions for applicants.

Section 1 of Part I of the Patent Examination Guidelines provides:

If the applicant is a Chinese entity or individual, the applicant shall fill in his or her name or name, address, postal code, organization** or resident ID number. If the applicant is an individual, he or she shall use his or her real name and shall not use a pen name or other informal name. If the applicant is an employer, the full official name shall be used, and abbreviations or abbreviations shall not be used.

The name of the unit filled in the request shall be consistent with the name of the unit on the official seal used.

If the applicant is a foreigner, a foreign enterprise or other foreign organization, the applicant shall fill in his or her name, nationality or country or region of registration.

3) Conclusion. In summary, the inventor must be a natural person. Applicants can be both individuals and businesses at the same time.

The inventor can only be an individual.

The right holder can be an individual or an enterprise.

Legal Analysis: Patentee: A general term for the owner and holder of a patent right.

That is, when the patent application is granted, the patent applicant is granted the patent right. The patentee can be either an entity or an individual. Inventor of the patent:

The Patent Law stipulates that in invention patents and utility model patents, the person who contributes to the specific substantive features of the invention is called the inventor. The inventor is a natural person.

Legal basis: Patent Law of the People's Republic of China Article 2 The term "invention-creation" as used in this Law 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.

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.

Legal basis: Article 6 of the Patent Law of the People's Republic of China 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 employer, and after the application is approved, the unit is the patentee.

In the case of non-service invention-creation, 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 for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.

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!

The right holder of a patent is not the same as the inventor. 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.

For non-service inventions, the right to apply for a patent and the patent right belong to the inventor, and only he can possess, use and dispose of the patent. He can not only obtain patents, but also transfer the right to use patented technology or implement patents by himself, thereby obtaining economic benefits. The patentee shall pay the patent annuity fee on time after obtaining the patent right.

If the patent annuity fee is not paid on time, the patent right will be lost, the invention will no longer be protected by patent law, and anyone can use it at any time.

1. What rights does the patentee enjoy in the patent?

For non-service inventions, the right to apply for a patent and the patent right belong to the inventor, and only he can possess, use and dispose of the patent. He can not only obtain patents, but also transfer the right to use patented technology or implement patents by himself, thereby obtaining economic benefits. The patentee shall pay the patent annuity fee on time after obtaining the patent right.

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, and anyone can use it at any time.

The patent right belongs to the applicant. The patentee refers to the right owner of the patent, and the applicant who is not profitable is the patentee after the patent is granted. Others are not allowed to produce or sell without the permission of the patentee.

An inventor is a person who has made a creative contribution to the substantive features of the invention-creation, and has the right of authorship and the right to receive rewards. All other rights belong to the patentee.

Note: 1. The patent right can belong to both the applicant and the inventor. Sometimes the inventor and the applicant can be the same person, and sometimes the inventor transfers the right to apply, and the inventor and the applicant are two people. Who belongs to the patent right depends on the agreement.

2. If there are multiple patentees, the patent rights are jointly owned.

3. Multiple inventors, from the perspective of patent law, there is no order. However, if you want to declare a job title, a project, or something, the people in the personnel department and the project review department will use the habit of looking at the author to see the inventor of the patent.

4. The inventor must be a natural person.

5. The applicant for an invention to apply for a patent to the Patent Office can be an individual or a unit.

1. Obligations of the patentee.

Rights and obligations go hand in hand, and since the patentee has the rights, 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.

2. Rights of the patentee.

The rights of the patentee include the personal rights of the patentee and the rights of the patent property.

1. Patent moral right: refers to the right of the patent inventor or designer to indicate in the patent documents that he is the inventor or designer of the patent, that is, the right of authorship, and the right of authorship will not disappear due to the transfer of the patent property right.

2. Patent property rights mainly include the following three aspects:

1) Exclusivity. It means that only the patentee has the right to manufacture, use and sell the invention-creation, and obtains the exclusive right to the patent, and any natural person, legal person or other organization has to 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. Specifically, the patentee (the licensor) has the right to allow others (the licensee) to use all or part of the technology of the invention for which the patentee has obtained the patent right under certain conditions by signing a contract.

3) Right to Transfer. Paragraph 1 of 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 apply for a patent may be transferred.

The right to apply for a patent, the patent right can be sold, gifted, mortgaged, or invested in shares, and the transfer of inheritance is the transfer of the patent due to statutory reasons, and when the patentee (natural person) dies, the patent right is transferred to the person with the right of inheritance in accordance with the provisions of inheritance.