How to judge the ownership type of patent?

The ownership of the right to apply for a patent generally has the following three situations.

First, the right to apply for a patent for a service invention-creation belongs to the unit.

The so-called service invention refers to the invention and creation completed in the execution of the task of the unit or mainly by using the material and technical conditions of the unit. The "material and technical conditions" here mainly refer to funds, equipment, spare parts, raw materials and technical data that are not disclosed to the public. Because mental work is different from manual work, it is not limited by specific places and commuting time. Even if your invention is finally finished at home or after work, as long as you are carrying out the task of the unit and the resources used are provided by the unit, the unit is the patent applicant.

In addition, if an employee has retired or changed jobs, as long as it is made within 1 year after the job change, as long as it is related to his own work or tasks assigned by the original unit, the patent application right will be returned to the original unit.

Of course, there are exceptions, that is, the invention-creation is completed by using the material and technical conditions of the unit, but if the unit has a contract with the inventor, the ownership of the patent application right should be decided according to its agreement.

Second, the right to apply for a patent for a non-service invention-creation belongs to the inventor or designer.

For a simple example, if you are a patent researcher in Fiona Fang, but you are knowledgeable, knowledgeable, interested in a wide range, and have strong hands-on ability, and one day you open your mind and design a shoe with creativity, novelty and practicality, then you can apply for a design patent, and the applicant is of course you, because your invention has nothing to do with Fiona Fang patent, and it is entirely the crystallization of your own labor and wisdom.

Article 7 of the Patent Law clearly stipulates that no unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation. Therefore, as long as you are energetic and capable, you can also make inventions and apply for patents after work!

Third, unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals.