2, the use of the unit's material and technical conditions to complete the invention-creation, the unit and the inventor or designer have a contract agreement, the right to apply for a patent and the ownership of the patent right to make an agreement, from its agreement.
3. 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.
4. Unless otherwise agreed, the right to apply for a patent for an invention-creation jointly completed by two or more units or individuals belongs to the same unit or individual; After the application is approved, the applicant unit or individual shall be the patentee.
5. Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed by a unit or individual entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.
6. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who applied first.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. 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 there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.
Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.
Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee.
Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.