Legal analysis: Not any natural person or legal person has the right to apply for a patent, but the natural person or legal person who has the right to apply for a patent is as follows:
1. The inventor of a non-service invention-creation or the heir of his legal rights
The so-called legal heir means that his legal successor inherits the right to apply for a patent due to the death of the inventor.
2. The legal entity to which the service invention-creation belongs
The right to apply for a patent for the service invention belongs to the entity.
3. Legal assignee
The inventor of a non-service invention or the unit to which a service invention belongs voluntarily transfers the right to apply for a patent for an invention-creation to a person or unit with or without compensation.
4.*** with the applicant
* * with the applicant refers to * * * with individuals, individuals and units or units and units applying for a patent. * * * Among the applicants, if there is a contract agreement in advance, it shall be handled according to the contract agreement.
5. Patent application qualification of foreigners
Foreigners include foreign citizens and foreign legal persons. In order to promote international economic and technological exchanges and introduce advanced foreign science and technology, China's Patent Law adopts internationally accepted principles and makes the following provisions for foreigners to apply for patents in China.
if a foreigner who has no habitual residence or business office in China applies for a patent in China, it shall be handled according to the principle of reciprocity and reciprocity if the country to which he belongs has bilateral agreements or international treaties to which China is a party. The application shall be entrusted to the patent handling institution formulated by the patent administration department of the State Council, China.
Foreigners who have their habitual residence or business organization in China enjoy the same treatment as units and individuals in China.
when filing a patent application, the assignee or heir of the right to apply for a patent shall submit the documents certifying the assignee or inheritance. Where a unit or individual in China transfers the right to apply for a patent to a foreigner, it must be approved by the relevant department in the State Council.
legal basis: article 6 of the patent law of the people's Republic of China refers to an invention-creation made by performing the tasks of the unit or mainly using the material and technical conditions of the unit as a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the entity; 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.
in the case of an invention-creation completed by utilizing the material and technical conditions of the entity, if the entity has entered into a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.