Article 6 of the Patent Law stipulates that an invention-creation completed by performing the tasks of the entity or mainly utilizing the material and technical conditions of the entity 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.
Extended data:
With the patent certificate issued by the state, the patentee who is granted the patent right enjoys the exclusive right to manufacture, use and sell (including importing patented inventions or designs from some countries) within the time limit prescribed by law.
Others must obtain the consent of the patentee to do the above acts, otherwise it is infringement. After the expiration of the patent right, the patent right shall be extinguished. Anyone can use the invention or design for free.
It is generally believed that the purpose of the promulgation and implementation of the patent law by the state is to promote the active investment of market resources in a direction conducive to the continuous production of inventions and creations, and to promote the prosperity and development of economic industries. Therefore, the state gives the inventor a monopoly right for a certain period of time through legal procedures.
At the same time, it is required to disclose the invention content to the whole society, improve the willingness of individual inventions in the market, and promote the rapid accumulation and development of the overall technical level of society. In this regard, China's Patent Law describes the legislative purpose as: "This Law is formulated in order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation ability, and promote scientific and technological progress and economic and social development."
Baidu Encyclopedia _ Patent Law