On the ownership of patent application right and patent right.

A: Inventors or designers, as creators of inventions and creations, have the right to apply for and obtain patents in principle and the right to apply for patents and patent rights. However, considering the premise and conditions of their invention and creation, inventors and designers have no right to apply for patents or patent rights in some cases.

According to the relevant provisions of the patent law, the ownership of patent application right and patent right is different in the following different situations:

(1) service invention. Service invention-creation refers to the invention-creation that the inventor or designer performs the task of the unit or mainly uses the material conditions of the unit.

The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.

(2) Non-service inventions. Non-service invention-creation refers to the invention-creation other than the service invention-creation freely completed by the inventor or designer.

The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.

(3)*** The same invention. * * * A joint invention-creation refers to an invention-creation completed by two or more units or individuals, and an invention-creation entrusted by one unit or individual to another unit or individual.

* * * Unless otherwise agreed with the invention-creation, the right to apply for a patent belongs to the unit or individual that has completed or * * * completed the invention-creation; After the application is approved, the applicant unit or individual shall be the patentee.