How are the rights to apply for patents for inventions and creations divided?
1. Inventions and creations completed while performing the tasks of the unit or mainly utilizing the material and technical conditions of the unit are service inventions and creations, and the right to apply for patents belongs to the unit.
2. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer.
"Patent Law"
Article 6 Inventions and creations that are completed while performing the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions and creations. 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.
For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.
For inventions and creations completed using the material and technical conditions of the unit, the unit has a contract with the inventor or designer, and the right to apply for a patent and the patent rights If there is an agreement on ownership, the agreement shall prevail.
The above content is compiled by the editor of Legal Savior Network. I hope it can help everyone.
