Who owns the company's cancellation of patent rights?

Unless otherwise agreed, the cancellation of the company's patent right belongs to the company. According to the relevant laws and regulations, the right to apply for a patent for an invention-creation that has been completed by performing the tasks of the entity or mainly using the material and technical conditions of the entity belongs to the entity, but if the parties agree otherwise, it may be implemented in accordance with the agreement.

legal ground

Article 6 of the Patent Law of People's Republic of China (PRC) refers to a service invention-creation made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. 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.