When a new dish is created, does its property right patent belong to the chef or the hotel?

According to the provisions of the Patent Law and its detailed rules for implementation, inventions and creations under the following circumstances belong to service inventions and creations:

(1) Inventions and creations completed by inventors in their own work; ?

(2) Inventions and creations completed when performing tasks unrelated to the work delivered by the unit; ?

(3) Inventions and creations that mainly utilize the material conditions of the entity (including funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public); ?

The right to apply for a patent for service invention belongs to the unit. After the application is approved, the unit is the patentee; The unit shall reward the inventor or designer.

Therefore, the right to apply for a patent for the cooking method of this dish belongs to the hotel. After the patent is granted, it belongs to the hotel, and individuals have no right to apply.

If you apply privately, the unit will sue through legal means after knowing it, and the patent right will eventually be awarded to the unit. You have wasted your money. If the unit doesn't know and doesn't care, the patent right will all belong to you.

If the patent application is successful, other units infringe upon their rights and interests. According to the Law on Promoting the Transformation of Scientific and Technological Achievements, you should be given a sum of not less than 20%.