It is illegal for others to apply for corresponding invention patents without permission. According to relevant legal provisions, inventors or designers have the right to apply for patents for their inventions and creations. And patent application rights and patent rights can be transferred. That is, without transfer, others may not apply for a patent without authorization.
Legal Basis
Article 10 of the Patent Law that came into effect on June 1, 2021
Patent application rights and patent rights can be transferred.
Article 6
Inventions and creations that are completed while performing the tasks of the unit or mainly by utilizing 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. The unit may dispose of the right to apply for patents and patent rights for its service-based inventions and creations in accordance with the law, and promote the implementation and application of relevant inventions and creations.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.
For inventions and creations completed by utilizing the unit’s material and technical conditions, if the unit has a contract with the inventor or designer and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.