Generally, they belong to the unit. The Patent Law stipulates:
Article 6: Inventions and creations completed by performing the tasks of the unit or mainly utilizing the material and technical conditions of the unit are considered duties. Inventions. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.
For inventions and creations completed by utilizing the unit’s material and technical conditions, if the unit has a contract with the inventor or designer, and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
Article 7 No unit or individual may suppress an inventor or designer’s non-service invention-creation patent application.
Article 8 For inventions and creations completed by cooperation between two or more units or individuals, or for inventions and creations completed by one unit or individual under the entrustment of other units or individuals, unless otherwise agreed upon, the right to apply for a patent shall belong to The unit or individual who completes or co-completes the application; after the application is approved, the unit or individual who applied is the patentee.
Article 9. Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.
If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first.