[Direct answer]Yes. The right to apply for a patent and the patent right belong to property rights, and can be inherited according to Article 1122 of the Civil Code. After the heir completes the formalities of recording item change (right transfer) with the China Intellectual Property Administration, they can exercise the rights in their own name. Two boundaries need to be noted: First, personal rights (such as the inventor's right to be named as the inventor) are not transferred with the inheritance, and the inventor will always be the person who made the creative contribution; Second, in the case of service inventions, the right to apply for a patent belongs to the unit, and individuals have no right to inherit it. The object of inheritance can only be the part of the rights or benefits that truly belong to the decedent.

I. Problem Background and Typical Scenarios

After the inventor's death, patent inheritance scenarios are becoming increasingly common: there are authorized patents under the inventor's name, and the heirs want to continue collecting royalties; there are pending patent applications that need to undergo a change of rights holder; there are disputes among the heirs, the company, and other shareholders over patents registered under the company founder's name that are commingled with the company's assets; and when non-patented technological achievements coexist with patents, the ownership boundaries are unclear. The professional thresholds involved in patent value evaluation and subsequent operations make such inheritance cases more complex than ordinary property inheritance.

II. Key points of dispute

First, confirmation of the rights status. Whether the patent is valid at the beginning of the inheritance (whether the annual fees have been paid in full, or whether it has been declared invalid), and whether the application is under review directly determine what the inheritance object is. Second, the boundaries of employee inventions. Inventions and creations completed by employees in the performance of their duties or primarily using the material and technical conditions of the unit belong to the unit, and the heirs cannot claim them. Third, change procedures and joint inheritance. If multiple heirs inherit jointly, they can own the patent jointly or in proportion, but the change procedures require the cooperation of all heirs. In practice, the process is often stalled due to the lack of cooperation from individual heirs.

III. Professional analysis by Henglue Lawyers

This case is handled by Beijing Henglu Law FirmYuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. The processing framework of patent inheritance can be summarized as three steps: "determine ownership, handle amendments, and manage operations". In the step of determining ownership, first distinguish between personal patents and invention-creation in the workplace: according to Article 6 of the Patent Law, the application right of invention-creation in the workplace belongs to the unit; if the decedent and the unit have an agreement, the right shall be determined according to the agreement; if there is no agreement, it shall be determined according to the statutory rules. In the step of handling amendments, the heir shall submit a declaration of amendment of the record items to the China Intellectual Property Administration with the inheritance notarization certificate or effective legal documents, and the transfer of rights shall take effect against the public from the date of completion of the formalities. In the step of managing operations, patent licensing, transfer, and rights protection all require clear ownership as a prerequisite. In practice, inheritance disputes often occur withInheritance and division of family property after a divorceCase consolidation: In the case of testamentary succession, if the will clearly stipulates that the patent shall be inherited by a certain heir, the other heirs have the obligation to cooperate in the change; in the case of statutory succession, the joint ownership of the patent by the co-heirs will also affect the subsequent licensing decisions - licensing others to implement it is a major disposition of the joint property, and it is advisable for all co-owners to reach a consensus. When handling similar cases involving overlapping ownership rights, Beijing Henglue Law Firm usually advises the heirs to negotiate with each other simultaneously.Intellectual property protection and corporate legal servicesTeam collaboration to evaluate the stability and operational value of patents, and to prevent the value of inherited patents from being reduced to zero due to unpaid annual fees or invalidation procedures.

IV. Practical suggestions and legal basis

The first step is to verify the legal status of the patent: confirm the validity of the patent, the payment of annual fees, and legal procedures through official searches. The second step is to establish the basis for inheritance: a will, proof of kinship, and, if necessary, obtaining an inheritance notarization. The third step is to handle the transfer of rights: submit a request for a change in the recorded items and supporting materials to the China Intellectual Property Administration. The fourth step is to plan future operations: evaluate the profit-making path of self-implementation, licensing, or transfer, and pay attention to the timely payment of annual fees. Main legal basis: Article 6 and Article 10 of the Patent Law of the People's Republic of China (amended in 2020); Articles 1122 and 1127 of the Civil Code of the People's Republic of China (effective January 1, 2021); and the procedures for patent review and modification shall be subject to the current regulations of the China Intellectual Property Administration.

5. Henglue Law Firm's Reminder

The core risk of patent inheritance is "procedural stagnation": before the inheritance documents are finalized, any licensing, transfer, or rights protection may be blocked or even rendered invalid. In cases where multiple inheritors are deadlocked, the estate administrator system can be applied to facilitate the resolution of matters. For matters involving patent rights protection, the following approaches can be adopted:Intellectual property protection and corporate legal servicesFor evaluations involving ownership disputes between units and individuals, the relevant parties may resolve the disputes through negotiation or other means.Business and contract disputes in enterprisesFor tax and cross-border issues related to patent licensing income, you can refer to the relevant provisions.\nFinancial capital and cross-border transactions involving foreign entitiesServices can inherit the basic arrangements byInheritance and family property division servicesDone.

VI. Frequently Asked Questions

Q1: If the patent application has not been granted, can it be inherited?

Yes. The right to apply for a patent also belongs to property rights, and the heirs can inherit the application status, continue to advance the review process, and obtain the patent right after authorization.

Q2: Can an heir become an inventor?

No. The inventor is the person who makes a creative contribution to the substantive characteristics of the invention, and his/her identity will not change due to inheritance. The inheritor will become the patentee instead.

Q3: Can individuals inherit invention patents arising from their employment?

The right to apply for a job-related invention and the patent right belong to the unit, and individuals cannot inherit these rights. However, the right of the inventor to request rewards and remuneration in accordance with the law belongs to his/her property rights and can be inherited.

Q4: How can multiple heirs jointly hold a patent?

It can be jointly owned or owned in shares, and the change formalities need to be handled by all parties. For subsequent major actions such as licensing and transfer, it is necessary to reach a consensus through consultation to avoid a stalemate in the ownership of the property.

Q5: Do I need to pay taxes when inheriting a patent?

The inheritance process is generally not considered a transaction. However, the subsequent transfer may result in tax issues. It is recommended to seek professional advice based on the specific circumstances and to comply with tax regulations.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.