Can others invent patents without authorization?

No one else may apply for the corresponding invention patent without permission. According to relevant laws and regulations, inventors or designers have the right to apply for patents for their inventions and creations according to law. And that right can be assign. Without transfer, others do not have the corresponding patent application qualification.

legal ground

Article 10 of the Patent Law shall come into force on June 1 20265438.

The right to apply for a patent and the patent right can be transferred.

Article 6

An invention-creation made by carrying out the tasks 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 unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and 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.

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.