專利申請權人之問題研究

The Study on the Debate Over the Owner of the Right to Apply for a Patent

專利的權利取得方式主要為申請主義，有權申請專利者為專利申請權人，唯有具有專利申請權方有日後成為專利權人之可能，專利申請權人之錯誤甚可導致已核准公告之專利權被舉發撤銷而失權，所以在專利申請案中，專利申請權人的適格問題成為左右專利權有效與否的重要關鍵，而各國法制及法院見解的差異，已造成實務上事涉專利申請權人議題的爭議迭起。因此本文擬從各國法制比較、專利申請權人資格認定，及其相關法律救濟等層面進行評析，並探究可能引發的問題與提出看法。

The patent right is granted by filing an application at a patent office which has the jurisdiction to decide the grant of a patent. Usually, an in-ventor, or the assignee or successor, and the employer of employee inven-tion are qualified patent applicants which are also known as the owner of the right to apply for a patent. No one except the owner of the right to 　apply for a patent is capable of being a holder of patent rights after patent examination. As the owner of the right to apply for a patent, even the error of qualification could result in the invalidation of a granted patent right. In legal practices, there are many patent debates which involve in the issue of “the owner of the right to apply for a patent.” And the differences and vagueness of patent rules and case laws further make this issue become a heated debate.