Who has the right to apply for a patent?

Legal analysis: 1. The patent right can belong to both the applicant and the inventor. 2. The inventor and the applicant can be the same person. Sometimes the inventor assigns the right to apply, and the inventor and the applicant are two people. Who owns the patent right depends on the agreement.

Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC) refers to inventions and creations made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit. After approval, the unit is the patentee.

The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer After approval, 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.