1. If the design is the task of the executing entity or an invention made mainly by using the material and technical conditions of the entity, the applicant is the entity;
2 completed by two or more units or individuals, the applicant is the unit or individual;
3. In other cases, the applicant is the designer.
legal ground
Article 6 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
An invention-creation made by carrying out 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 unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and 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.
Article 8
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.