How to entrust an inventor to apply for a patent

Unless otherwise agreed, the invention-creation entrusted to others shall be patented by the entity or individual who completed it or entrusted others to complete it. The applicant needs to submit the request, instructions and other documents to the Patent Office according to law.

legal ground

Article 8 of the Patent Law of People's Republic of China (PRC)

Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed in cooperation with two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.

Article 15

Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.

Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.

Article 26

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.