Who owns the patent application right of boiler design entrusted by the company to the university?

1 According to the provisions of Article 6 of the Patent Law, an invention-creation completed by performing the tasks of the entity or mainly using the material and technical conditions of the entity 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 entity shall be the patentee. At the same time, it is stipulated that "if the invention is completed by using the material and technical conditions of the unit, if the unit 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." The company commissioned the university to design the boiler patent. If the attribution of patent application for research results is not clearly stipulated in the entrustment contract, colleges and universities have the right to apply for invention and creation.

2. "Inventor" and "designer" refer to people who have made creative contributions to the essential features of invention and creation, that is, people who have completed the invention of products and methods or the technical scheme of utility models and designs through their own intellectual labor. In the process of completing the invention and creation, those who are only responsible for the organization and management, those who provide convenience for the use of material conditions, and those who engage in other auxiliary work, such as computer entry personnel, experimenters, sketchers, etc. , should not be regarded as an inventor or designer. It should also be pointed out that legal persons or other organizations can be the subject of patent application rights and patent rights, but they cannot be inventors or designers. Inventors and designers can only be natural persons who complete inventions through their own wisdom and talents. It says here that the inventor should belong to the teacher who designed the boiler.