1, service invention, should belong to the unit;
2. Non-service invention-creation belongs to the inventor or designer;
3. Inventions and creations jointly completed by two or more units or individuals, or inventions and creations entrusted by one unit or individual to another unit or individual, shall be owned by the completing unit or individual or jointly completed.
legal ground
1, Article 6 of the Patent Law which came into effect in June 20265438.
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 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.