IPRdaily Introduction: In order to curb "change for the sake of change" and safeguard the legislative purpose and institutional authority of the Patent Law, the China National Intellectual Property Administration shall reasonably challenge a party's request for an inventor's change on the grounds of misfilling or omission, and shall not alter any of the cases that do not fall into the category of misfilling or omission. What if there is a mistake and omission of the inventor, the inventor in the wrong order? This article gives an example of how to correct/change an inventor.
Article 13 of the Rules for the Implementation of the Patent Law stipulates that the term "inventor" or "designer" as mentioned in the Patent Law refers to a person who has made a creative contribution to the substantive features of an invention-creation. In the course of completing an invention-creation, the person who is solely responsible for organizing the work, the person who facilitates the use of material and technical conditions, or the person who performs other auxiliary work shall not be an inventor or designer.
In this paper, inventors or designers are collectively referred to as inventors.
In the examination procedure of the Patent Office, the examiner does not examine whether the inventor listed in the request complies with the provisions of Article 13 of the Patent Law. Then who and how many inventors should be filled in by the applicant in accordance with the actual situation of the invention when submitting the written request, or the applicant should provide the name list of inventors to the entrusted patent agency to fill in. In practice, due to various reasons, the inventor may be misfilled or omitted, and the order of the inventor is wrong, which leads to the discrepancy between the inventor recorded in the request letter and the actual situation, and thus the inventor information in the patent application publication and patent announcement documents is inconsistent with the facts. In this way, inventors may not be able to complete the performance assessment and get rewards. In particular, some scientific research institutions and colleges and universities, whether inventors are published in the patent documents will affect their professional title evaluation.
CNIPA to increase the inventor of the review is strict, the reason is that as the inventor of change in the number of rapid growth in recent years, in the inventor of the change request data, with due to the need of title assess, cause of employee turnover for other purposes, such as not in conformity with the patent law and article 13 of these changes. In order to curb such "changes for the sake of changes" and safeguard the legislative purpose and institutional authority of the Patent Law, CNIPA shall reasonably challenge the party concerned with the inventor's request for changes on the grounds of misfilling or omission, and shall not alter any of the cases that do not fall into the category of misfilling or omission. The effect of this measure has been shown.
What if there is an error or omission of the inventor, or the inventor in the wrong order? Don't fake it. The qualified inventor shall prepare the materials and correct/alter the inventor's information by submitting to CNIPA a declaration for change of description and proof of reasons.
From：IPR Daily Date：March 17, 2021
