The right to apply for a patent for the same invention and creation shall first be confirmed based on the agreement between the two parties; if the agreement between the two parties is not clearly stipulated or there is no agreement, the right to apply for a patent belongs to the unit or individual who completed the contract. After the application is approved, the applicant unit or individual becomes the patentee.
Legal Basis
Article 8 of the Patent Law of the People's Republic of China
Inventions and creations completed by cooperation between two or more units or individuals, one For inventions and creations completed by an entity or individual upon acceptance of entrustment from other entities or individuals, unless otherwise agreed, the right to apply for a patent belongs to the entity or individual who completed or jointly completed the application; after the application is approved, the entity or individual applying for the patent shall Patentee.