Can patent inventors (employees of non-patent ownership units) apply for the right to use?

According to the provisions of Article 6 of the Patent Law, an invention-creation completed by the entity or mainly by using the material and technical conditions of the entity belongs to 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. Among them, according to the provisions of Article 12 of the Detailed Rules for the Implementation, the term "service invention-creation" as mentioned in Article 6 of the Patent Law refers to: (1) inventions and creations completed in one's own work; (2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity; (3) Inventions and creations made within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations, which are related to my work undertaken in the original unit or tasks assigned by the original unit. Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public. With reference to the above terms, you can be sure that you are an employee of the internship unit. Now you need to confirm whether to carry out the tasks of your unit or to make inventions mainly using the material and technical conditions of your unit. If there is, it belongs to service invention. At this time, the internship unit can apply for a patent. In addition, according to the third paragraph of Article 6 of the Patent Law, if an invention-creation completed with the material and technical conditions of the unit 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.