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Can the applicant (individual) and the inventor or designer be different persons?
Release Time：
2020-06-08
Source: State Intellectual Property Office Published: 2020-06-08
The applicant (individual) and the inventor or designer can be different persons.
Article 13 of China's Rules for the Implementation of the Patent Law provides: "The inventor or designer referred to in the Patent Law means a person who has made a creative contribution to the substantive features of the invention or creation." Therefore, the inventor should be an individual, not a unit or a collective, such as "xxx scientific research group" and so on. If the invention is made jointly by several persons, the names of all persons should be included.
In the process of completing the invention, a person who is only responsible for organizing the work, facilitating the use of material and technical conditions, or engaging in other auxiliary work, should not be considered an inventor or designer.
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