How to determine the ownership of patent right and patent application right when applying for patent?

Regarding patent application, I believe many people should know the patent right. Patent right is the exclusive right to exploit a specific invention and creation within a certain period of time, and it is a kind of intellectual property right. However, when applying for a patent, how to determine the ownership of the patent right and the patent application right? How to determine the ownership of patent right and patent application right when applying for patent? In China, the ownership of patent application right generally has the following three situations: 1. The right to apply for a patent for service invention belongs to the company. The so-called service invention refers to the invention and creation carried out in the execution of the company's tasks or mainly by using the company's material and technical conditions. The material and technical conditions here mainly refer to the funds, equipment, spare parts, raw materials and technical data that are not disclosed to the public. Because mental work is different from manual work, it is not limited by specific location and commuting time. Even if your invention is finally finished at home or after work, as long as you are carrying out the task of the unit and the resources used are provided by the unit, the unit is the patent applicant. In addition, if an employee has retired or changed jobs, as long as it is made within 1 year after the job change, as long as it is related to his own work or tasks assigned by the original unit, the patent application right will be returned to the original unit. Of course, there are exceptions, that is, the invention-creation is completed by using the material and technical conditions of the unit, but if the unit has a contract with the inventor, the ownership of the patent application right should be decided according to its agreement. 2. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer. For example, you are a researcher at the Chinese Academy of Sciences, mainly studying atmospheric remote sensing technology. But you have extensive knowledge and interests. One day, your brain opened wide and you designed an earphone, which can be used to apply for a patent. Of course, the applicant is you, because your invention has nothing to do with the Chinese Academy of Sciences' own research, but is the result of your own labor and wisdom. If you are worried that your company won't let you apply for a patent, don't be afraid at all. Article 7 of the Patent Law clearly stipulates that no unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation. Therefore, as long as you are energetic and capable, you can also make inventions and apply for patents after work! 3. 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 who have the right to apply for a patent, or the invention-creation entrusted by other units or individuals. The subject of the patent application right is not limited to units or individuals, so if it is completed in cooperation, there is no need to worry about fighting because of uneven decentralization, and you can enjoy the patent application right together! It means that when applying for a patent, when it comes to patent right, everyone must know that patent right is the exclusive right to use a specific invention enjoyed by the inventor or his assignee within a certain period of time, and it is a kind of intellectual property right. But who should the patent application right belong to in the process of patent application? How to determine the ownership of patent right and patent application right when applying for patent? Bian Xiao answered this question here. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.