Legal analysis: if the entrusted invention-creation is not stipulated or clearly stipulated in the entrustment contract, the right to apply for a patent belongs to the unit or individual who completed the patent; If there is a clear agreement between the two parties in the entrustment contract, the right to apply for a patent shall be fulfilled in accordance with the agreement. If the trustee is a legal person, the person who completed the invention and creation is the staff of the trustee, and the completed invention and creation uses the technical data and human and financial resources of the legal person unit, then the invention and creation is a job behavior, and the right to apply for a patent right should belong to the trustee unit rather than the specific inventor. However, specific inventors can get bonuses and remuneration according to regulations, and they can sign their personal names. If the entrusted party is an individual (including two or more persons), the right of application belongs to the individual. Under normal circumstances, the entrusting party entrusts the technical data, materials, funds and remuneration to the entrusted party, and the entrusted party only makes inventions and creations within the scope permitted by the funds according to the technical data and materials provided by the entrusting party, and the rights and obligations of both parties are complicated. For the right to apply for a patent for invention-creation, a written entrustment contract shall be concluded in accordance with the provisions of the Civil Code of People's Republic of China (PRC) to clarify the rights and obligations of both parties and reduce patent disputes.
Legal basis: Unless otherwise agreed, the right to apply for a patent belongs to the entity or individual that has completed or jointly completed an invention-creation jointly completed by two or more entities or individuals in Article 8 of the Patent Law of People's Republic of China (PRC); After the application is approved, the applicant unit or individual shall be the patentee.