In practice, the following situations generally occur:
(1) Generally speaking, the right to apply for a patent belongs to the inventor or designer. After the application is approved, the inventor or designer shall be the patentee.
(2) When the patent applicant or obligee agrees to transfer the patent right, the inventor remains unchanged and the patentee becomes the assignee. However, it should be noted that the transfer of the right to apply for a patent or the patent right shall be concluded in a written contract, which shall be registered and announced by the patent administration department of the State Council, and shall take effect as of the date of registration.
(3) Where a service invention-creation is involved, the right to apply for a patent belongs to the entity; After the application is approved, the unit is the patentee; However, if the unit 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.
(4) Where an invention-creation is entrusted, the right to apply for a patent belongs to the completing entity or individual; After the application is approved, the applicant unit or individual is the patentee; However, if the entrusting party and the entrusted party agree otherwise, the patent applicant or patentee shall be determined according to the agreement.
(5) For inventions and creations jointly completed, that is, inventions and creations completed by two or more units or individuals, the right to apply for a patent belongs to the units or individuals jointly completed by * * *; However, if two or more parties agree otherwise, the patent applicant or patentee shall be determined according to the agreement.