Methods to determine the ownership of patent rights and patent application rights:
1. Generally, the right to apply for a patent for a service invention-creation belongs to the unit, and the unit and the inventor or designer If there is a contract, confirm it in accordance with the contract;
2. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer;
3. Determine the patent rights and patent application rights other ways of belonging.
Legal Basis
Article 6 of the Patent Law that took effect on June 1, 2021
Perform the tasks of the unit or mainly use the unit’s Inventions and creations completed under material and technical conditions are service inventions and creations. 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. The unit may dispose of the right to apply for patents and patent rights for its service-based inventions and creations in accordance with the law, and promote the implementation and application of relevant inventions and creations.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.
For inventions and creations completed by utilizing the unit’s material and technical conditions, if the unit has a contract with the inventor or designer, and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.