Does the right to apply for a patent for a service invention-creation belong to a unit or an individual?

The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit is the patentee; The unit shall reward the inventor or designer. Inventions in daily work belong to job inventions. There are two main aspects to determine the legal boundary between service invention and non-invention:

1, whether the invention has completed the task of its own unit;

2, to complete the invention is mainly to use the material and technical conditions of the unit.

patent law of the people's republic of china

Article 6

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.