Who owns the patent rights for inventions and creations completed using the unit’s material and technical conditions in 2023?

According to the provisions of the Patent Law, Inventions and creations completed by utilizing the material and technical conditions of the unit are service inventions, and the patent rights generally belong to the unit; however, if the unit signs a contract with the inventor, and the contract stipulates the ownership of the patent rights, the agreement shall prevail. Regarding the question of who owns the patent rights for inventions and creations completed using the material and technical conditions of the unit, the editor of Legal Savior Network will answer it in detail for you below.

1. Who owns the patent rights for inventions and creations completed using the unit’s material and technical conditions

1. Inventions and creations completed by utilizing the material and technical conditions of the unit are service inventions and creations, and the rights belong to them as follows:

(1) Application for patent for service inventions and creations The rights belong to the unit, and after the application is approved, the unit becomes the patentee.

(2) For inventions and creations completed using the unit's material and technical conditions, the unit has a contract with the inventor or designer, and the right to apply for a patent and If there is an agreement on the ownership of the patent right, the agreement shall prevail.

2. Legal basis: "Patent Law of the People's Republic of China"

Execution of Article 6 The inventions and creations that are the tasks of this unit or are mainly completed by utilizing the material and technical conditions of this 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. The unit may dispose of the right to apply for patents and patent rights for its service-based inventions and creations in accordance with the law, and promote the implementation and application of relevant inventions and creations.

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 unit's material and technical conditions, 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.

2. What is the patentee?

The patentee refers to the person who can apply for and obtainThe units and individuals that obtain the patent right are the subjects of the patent right. Types of patentees Patentees include three types:

①The unit where the inventor or designer works. For employee inventions and creations made by employees of enterprises, institutions, social groups, and state agencies who perform the tasks of their own units or mainly make use of the material conditions of their own units, the right to apply for patents belongs to that unit.

②Inventor and designer. For non-service inventions and creations completed by an inventor or designer, the right to apply for a patent belongs to the inventor or designer. The inventor or designer referred to in the Patent Law refers to a person who has made outstanding contributions to the substantive features of an invention. Persons who are only responsible for organizational work, persons who facilitate the utilization of material conditions, or other persons who perform auxiliary work during the completion of an invention and creation shall not be considered as inventors or designers.

③Co-inventor and co-designer. An invention-creation completed by the collaboration of two or more units or individuals is called a joint invention-creation, and the person who completes the invention-creation is called a co-inventor or co-designer. Unless otherwise agreed, the right to apply for a patent for joint inventions and creations belongs to the co-inventors. After the application is approved, the patent rights belong to the co-inventors jointly. For inventions and creations completed by a unit that accepts research and design tasks entrusted by other units, unless otherwise agreed, the right to apply for a patent belongs to the unit that completed the invention. After the application is approved, the patent right will be owned or held by the unit that applied.

According to the provisions of the Patent Law, inventions and creations completed by utilizing the material and technical conditions of the unit are service inventions and creations, and the patent rights are generally owned by the unit; however, the unit and The inventor signs a contract, and if the contract stipulates the ownership of the patent rights, the stipulation shall prevail. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.