Who owns the patent right?

First of all, look at how the contract between enterprises and universities stipulates the ownership of patent rights. If there is no agreement, the ownership shall be determined in accordance with the provisions of the patent law.

Article 8 of the Patent Law stipulates that, unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed by two or more units or individuals, or an invention-creation entrusted by one unit or individual to another unit or individual; After the application is approved, the applicant unit or individual shall be the patentee.

It is very important to pay attention to the evidence and keep the evidence that proves the relationship between "cooperation" and "entrustment".

Inventors do not necessarily have the right to apply for a patent and the patent right. Please refer to the following provisions:

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit 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 entity shall be the patentee.

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.

Where there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.