In the complex world of patents, understanding who the patent holder and the inventor are is crucial. This distinction is essential for the effective management of intellectual property rights and to ensure that all parties involved, from companies and individual inventors to clients and international partners, know exactly what their rights and responsibilities are.<\/p>\n
According to the Industrial Property Law (LPI), Law No. 9,279\/1996, the inventor is the natural person who created the invention. This is an inalienable moral right, ensuring that the inventor's name is always associated with their creation.<\/p>\n
On the other hand, the patent holder<\/strong> is the natural or legal person who holds the economic rights to the invention. In most cases, the holder is a company or research institution that has invested resources in the development of the invention. The holder has the exclusive right to commercially exploit the invention<\/strong>, being able to manufacture, use, sell, or import it. In Brazil, this exclusive right is guaranteed for 20 years for invention patents and 15 years for utility models, counted from the date of the patent application.<\/p>\n The relationship between inventor and holder is often regulated by specific contracts. In companies, for example, it is common for inventors to sign employment contracts that provide for the automatic transfer of the rights to their inventions to the company. These contracts are important to protect the investments made by the company in research and development, while also recognizing and often financially rewarding the inventors.<\/p>\n It is important for companies and institutions to have clear and fair policies regarding who retains the rights to inventions. This not only helps to comply with the law but also creates an environment of trust and encourages innovation. For example, universities and research centers often have specific rules to balance the institution's interests and the researchers' rights.<\/p>\n The holder, in addition to commercially exploiting the invention, must pay the annuities to keep the patent active and protect their rights against infringements. This may include legal actions against third parties that use the invention without authorization.<\/p>\n . Inventors<\/strong>, in turn, have the right to be recognized as the creators of the invention and to negotiate the transfer of their economic rights, such as in licensing agreements where the inventor allows a company to use the invention in exchange for royalties, which are common and benefit both parties.<\/p>\n In this regard, Brazilian legislation establishes the rights and responsibilities of both the inventor and the holder to regulate these relationships and support both parties, as well as to promote a continuous and collaborative innovation environment, which benefits society as a whole.<\/p>\n <\/p>\n by Romulo Schnitzer Vale \u2013 Attorney-at-Law.<\/em><\/p>","protected":false},"excerpt":{"rendered":" No complexo universo das patentes, entender quem s\u00e3o o titular e o inventor \u00e9 fundamental. Essa distin\u00e7\u00e3o \u00e9 essencial para a gest\u00e3o eficaz dos direitos de propriedade intelectual e para garantir que todos os envolvidos, desde empresas e inventores individuais at\u00e9 clientes e parceiros internacionais, saibam exatamente quais s\u00e3o seus direitos e responsabilidades. O inventor, […]<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8348","post","type-post","status-publish","format-standard","hentry","category-leao-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/8348","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/comments?post=8348"}],"version-history":[{"count":1,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/8348\/revisions"}],"predecessor-version":[{"id":8349,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/8348\/revisions\/8349"}],"wp:attachment":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/media?parent=8348"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/categories?post=8348"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/tags?post=8348"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}