according to law
Article 6 of the Patent Law of the People's Republic of China
An invention created by performing the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the entity, and after the application is approved, the entity becomes the patentee. The unit can dispose of the right to apply for a patent for its service invention-creation and the patent right according to law, and promote the implementation and application of related inventions-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.
in the case of an invention-creation completed by utilizing the material and technical conditions of the entity, if the entity has entered into a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.