See the law:
The invention-creation mentioned in Article 6 of the Patent Law, that is, the invention-creation accomplished by completing the task of the entity or mainly utilizing the material and technical conditions of the entity, refers to the invention-creation by taking advantage of the position. The right to apply for a patent for a service invention-creation belongs to the unit; 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.
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 72 Where an inventor or designer's right to apply for a patent for a non-service invention-creation or other rights and interests as stipulated in this Law are infringed, the unit to which he belongs or the competent authority at a higher level shall give him administrative sanctions.