Secondly, although the design made by individuals is not to complete their own work, it can be completed mainly by the material and technical conditions provided by the company. For example, they must rely on some unique resources within the company, if it is a job invention;
According to the provisions of the Patent Law, the patent application right and patent right of the above-mentioned service inventions and creations belong to the company.
If the design made by an individual is not for the purpose of completing his own work, it is a non-service invention, and the intellectual property belongs to the individual.
Article 6 of the Patent Law refers to the following provisions:
An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. 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.