Who owns the patent right?

Ownership of patent application right: the right to apply for patent for service invention-creation belongs to the unit; The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; 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.

legal ground

Article 6 of the Patent Law of People's Republic of China (PRC) (202 1.6. 1 came into force)

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 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 an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.