Can I apply for a patent, and how to determine the ownership of the patent right of the entrusted invention?

Under the following circumstances, a unit can also become a patent applicant. First, the invention and creation completed by the staff of this unit in the execution of tasks or mainly by using the material conditions of this unit. In this case, the right to apply for a patent belongs to the unit rather than the individual. Second, as a legal transferee, the unit obtains the right to apply for a patent through transfer.

Entrusted invention-creation is also called entrusted development, which means that one party (unit or individual) entrusts another party (unit or individual) to research and develop a certain technology, and makes an agreement on the enjoyment and utilization of technological achievements.

Entrusting inventions and creations is likely to cause disputes over the ownership of technological achievements. According to Chinese laws, judging the ownership of technological achievements should follow the following two principles:

1. The contract shall prevail. Where the ownership of technical achievements is stipulated in the entrustment contract (or owned by the entrusting party or the entrusted party or * * *), it shall be stipulated in the contract.

2. If there is no agreement or the agreement is unclear, the technological achievement belongs to the research and development party, and the research and development party has the right to apply for a patent. After the application is approved, it enjoys the patent right. In this case, the entrusting party can share some rights and exploit the patent for free. Where the research and development party transfers the right to apply for a patent, the entrusting party shall have the priority to be transferred under the same conditions. I hope I can help you.