What does the term “inventor” or “designer” refer to in the patent law?

The inventor or designer referred to in the Patent Law refers to a person who has made creative contributions to the substantive features of an invention. In the process of completing an invention and creation, those who are only responsible for organizing the work and those who facilitate the utilization of material and technical conditions are not inventors or designers. Regarding the question of what the inventor or designer is referred to in the patent law, the editor of Legal Savior Network will answer it in detail for you below.

1. What does the inventor or designer refer to in the patent law?

1. The inventor or designer referred to in the Patent Law refers to a person who has made creative contributions to the substantive features of an invention. In the process of completing an invention and creation, a person who is only responsible for organizational work, a person who facilitates the utilization of material and technical conditions, or a person who engages in other auxiliary work is not the inventor or designer.

2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Tenth Article 3 The inventor or designer referred to in the Patent Law refers to a person who has made creative contributions to the substantive features of an invention. In the process of completing an invention and creation, a person who is only responsible for organizational work, a person who facilitates the utilization of material and technical conditions, or a person who engages in other auxiliary work is not the inventor or designer.

2. What categories can invention patents be divided into?

(1) Product invention

Product invention refers to the creation of products through people’s intellectual activities A variety of new and unprecedented products. It should be noted that the patent laws of various countries have certain restrictions on the scope of protection of product inventions. Not all product inventions can obtain patent rights, such as product inventions that violate national laws and social public interests, and substances obtained by nuclear transformation methods. etc., cannot obtain invention patents. A product under patent law can be an independent, complete product, or it can be a component of a piece of equipment or a machine.

(2) Method invention

Method invention refers to the invention of an item or substance The steps or technical means taken to change into another state or another item or substanceinvention. The protection of process inventions began in the middle of the 20th century, but currently the degree of protection for process inventions varies across countries around the world. For example, the United States only protects the method invention itself and does not protect the products produced by the method. However, the patent laws of Germany and my country not only protect the method patent, but also protect the products produced according to the method.

(3) Improvement invention

Improvement invention refers to the invention of an existing product or a technical solution that substantially improves the method invention. The difference between improvement invention and product invention or method invention is that it is not the creation of new products or new methods, but a substantial innovative technical solution based on existing products or methods. It is a technical improvement of existing inventions. further improvement and improvement. Improvement inventions can bring new characteristics to existing products and methods or promote partial qualitative changes, but they do not fundamentally change the essential attributes of the original invention.

According to the provisions of the "Patent Law Implementing Rules", the inventor or designer referred to in the Patent Law refers to a person who has made creative contributions to the substantive features of an invention. people. In the process of completing an invention and creation, those who are only responsible for organizing the work and those who facilitate the utilization of material and technical conditions are not inventors or designers. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.