The form of ownership of patent rights and patent application rights depends on who fills in the "Applicant" column on the request form.
(1) If the applicant fills in "XX School", the patent application right belongs to XX School.
(2) Sometimes a project is jointly developed by a school and an enterprise. According to the contract, the applicant may fill in "XX school" and "XX enterprise". The right to apply for a patent belongs to XX School and XX Enterprise *** jointly.
In addition, only after the patent application is granted the patent right, the "patent application right" becomes the "patent right".
Note:
It should be noted that in daily life, people usually confuse the two concepts of "patent" and "patent application". For example, some people use it in their patent applications. Claim that you have a patent before it is authorized.
In fact, a patent application can only be called a patent application before it is authorized. If it can finally be authorized, it can be called a patent and have the exclusive right to implement the technical scope requested. If If it ultimately fails to obtain patent authorization, it will never have the chance to become a patent.
In other words, although he submitted a patent application, he did not obtain the exclusive right to implement the technical scope for which he requested protection. It is obvious that the gap between the two outcomes represented by these two concepts is huge.
Reference for the above content: Baidu Encyclopedia-Patent Rights