Article 6 of the Patent Law of the People's Republic of China
An invention-creation made by performing the task of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the entity, and after the application is approved, the entity becomes the patentee. The unit can dispose of the right to apply for a patent for its service invention-creation and the patent right according to law, and promote the implementation and application of related inventions-creations.
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.
in the case of an invention-creation completed by utilizing the material and technical conditions of the entity, if the entity has entered into a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.