Who owns the patent right of non-service invention?
As for the attribution of non-service invention patent, according to the relevant laws and regulations of our country, the right to apply for a patent for non-service invention belongs to the inventor or designer. No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation. After the application is approved, the inventor or designer shall be the patentee. Where a non-service invention-creation is jointly completed by two or more inventors and designers, the person who completed the invention-creation is called a * * * co-inventor or a * * * co-designer. * * * The right to apply for a patent for an invention-creation and the patent right obtained shall be owned by * * *. 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. Although the laws related to patent protection in China clearly stipulate that the work of service invention belongs to the unit, in real life, there are still disputes over the ownership in civil litigation, because many invention creators will claim that they have never used any resources of the company, and if they can prove it at this time, they can also compete for the ownership of the work.