Legal analysis: 1, inventor. An inventor or designer refers to a person who has made creative contributions to the substantive features of invention and creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work does not belong to the inventor or designer. Among them, the inventor refers to the inventor of the invention; Designer refers to the person who has completed the utility model or design. Inventors or designers can only be natural persons, not units, collectives or research groups. Invention is the result of intellectual labor and is not limited by civil capacity. Therefore, no matter whether the person engaged in invention has full capacity for civil conduct or not, as long as he has completed the invention, he should be recognized as the inventor or designer. 2. unit. For service invention-creation, the subject of patent right is the unit where the inventor or designer of the invention-creation belongs. The invention-creation by taking advantage of one's position refers to the invention-creation accomplished by performing the tasks of one's own unit or mainly using the material and technical conditions of one's own unit. The "units" mentioned here include domestic enterprises of various ownership types and properties, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises; In terms of labor relations, it includes both fixed work units and temporary work units. 3. the assignee. The transferee refers to the unit or individual that obtains the patent right according to law through contract or inheritance. The right to apply for a patent and the patent right can be transferred. After the transfer of the patent application right, if the patent is obtained, then the assignee is the subject of the patent right; After the transfer of the patent right, the assignee becomes the new subject of the patent right. Where two or more units or individuals cooperate to complete an invention-creation, or one unit or individual accepts the entrustment of another unit or individual to complete an invention-creation, and both parties agree that the application for patent right for invention-creation belongs to the entrusting party, according to their agreement, after the application is approved, the unit or individual applying for the patent right shall be the patentee. If there is no agreement between units or individuals, which constitutes entrusted development, the patent application and the patent right obtained shall belong to the trustee, but the trustee may exploit the patented technology free of charge. 4. foreigners. Foreigners include natural persons and legal persons with foreign nationality. Foreigners who have their habitual residence or business office in China enjoy the same patent application right and patent right as citizens or units in China.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. 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. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
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.
Article 17 Where a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or in accordance with the principle of reciprocity.