Who should the patent application right belong to?

who should own the patent application right in China? Generally, the ownership of the patent application right has the following three situations: First, the patent application right for service invention-creation belongs to the company. The so-called service invention refers to the invention and creation accomplished in the execution of the task of the unit or mainly by using the material and technical conditions of the unit. Here, "material and technical conditions" mainly refer to the funds, equipment, spare parts, raw materials and technical materials that are not disclosed to the public. Because mental work is different from manual work, it is not limited by specific places and commuting time. Even if your invention is finally completed at home, or after work, as long as you are performing the task of the unit and the resources used are provided by the unit, the unit is a patent applicant. In addition, if an employee has retired or his job has been transferred, the right to apply for a patent shall be returned to the original unit as long as the invention and creation related to his own job or tasks assigned by the original unit are made within one year after his job change. Of course, there are exceptions, that is, the invention-creation is completed by using the material and technical conditions of the unit, but the unit has a contract with the inventor, and the ownership of the patent application right should be decided according to its agreement. Second, the right to apply for a patent for a non-service invention-creation belongs to the inventor or designer. For a simple example, if you are a researcher of Fiona Fang patent, but you are knowledgeable, knowledgeable, interested in a wide range, and have strong hands-on ability, and one day your mind is wide open and you design a shoe with creativity, novelty and practicality, then you can apply for a design patent, and the applicant is of course you, because your invention and creation have nothing to do with Fiona Fang patent, and it is entirely the fruit of your own labor and wisdom. If you are worried that your company won't let you apply for a patent, don't be afraid at all. Article 7 of the Patent Law clearly stipulates that no unit or individual may suppress an inventor's or designer's patent application for non-service invention-creation. Therefore, as long as you are energetic and capable, you can also make inventions and apply for patents after work! Third, unless otherwise agreed, the right to apply for a patent belongs to the entity or individual that has completed the invention-creation in cooperation with two or more entities or individuals, or the invention-creation entrusted by another entity or individual. This is the same as the * * * application in the trademark application, and the subject of the patent application right is not limited to one unit or individual, so if it is completed in cooperation, don't worry about "fighting" because of "uneven decentralization", you can enjoy the patent application right together!