Who has the right to apply for a patent?

You can apply for patents for appearance, inventions, creations, etc. As long as you apply for a patent, once you obtain the patent right, you can fulfill the relevant rights. However, the right to apply for a patent is not owned by everyone. It has a limited group of people. So, who has the right to apply for a patent? Listen to the specific opinions given by the editor of Legal Savior Network.

Who has the right to apply for a patent?

First, patents for service inventions The right to apply belongs to the unit.

So-called service inventions refer to inventions and creations that are completed while performing the tasks of the unit or mainly using the material and technical conditions of the unit. The "material and technical conditions" here mainly refer to the unit's funds, equipment, parts, raw materials, and technical data that are not disclosed to the public.

In addition, if an employee has retired or his job has been transferred, and the decision is made within 1 year after the job change, as long as it is consistent with the original job or assignment of the original unit, For inventions and creations related to the task, the right to apply for patents shall return to the original unit.

Of course, there are exceptions, that is, the invention and creation are completed using the material and technical conditions of the unit, but the unit has a contract with the inventor and the right to apply for a patent The ownership shall be determined according to its agreement.

Second, the right to apply for a patent for a non-service invention belongs to the inventor or designer.

Third, inventions and creations completed by cooperation between two or more units or individuals, or inventions and creations completed by one unit or individual upon acceptance of entrustment by other units or individuals, except as otherwise Unless there is an agreement, the right to apply for a patent belongs to the unit or individual who completed or jointly completed it.

There are also lawyers stationed on the Legal Savior Network for a long time. If you have any questions related to Patent application rights, you can directly consult the lawyers online.