Who owns the patent right?

If it is a non-service invention-creation, the patent right generally belongs to the inventor of the invention, utility model and design, that is, the applicant of the patent; However, if the patent right of service invention belongs to a unit, the unit has the right to apply for a patent; In addition, the right to apply for a patent or the transfer of the patent right belongs to the assignee.

legal ground

Article 6 of the Patent Law of People's Republic of China (PRC)

An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.

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.

Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.