Subject of application specified in the Patent Law of People's Republic of China (PRC):
1. The inventor or designer has the right to apply for a patent for non-service invention-creation.
2. The legal assignee of the inventor or designer may also apply for a patent. The legal transferee includes two situations:
(1) The inventor or designer voluntarily transfers the right to apply for a patent for his invention-creation to a third party with or without compensation;
(2) If the inventor or designer dies, his successor shall inherit the right to apply for a patent according to law.
3, in the following circumstances, the unit can also become a patent applicant.
(1) Inventions and creations are made by the staff of this unit in the course of carrying out 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.
(2) As the legal assignee, the unit obtained the patent application right through transfer.
4. For inventions and creations jointly developed by two or more individuals or units, all individuals or units shall jointly apply for patents. However, the parties may also agree otherwise in the agreement.