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 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. "
The term service invention-creation as mentioned in Article 6 of the Patent Law refers to:
(1) inventions made in their own work;
(2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public.