The ownership of patent rights mainly refers to the issue of who owns the rights of the invention and creation that are authorized after the application. There are several forms of ownership of patent rights:
1. The form of service invention and creation.
The service inventions and creations completed by the performance of the tasks of the unit include the following forms:
1) Inventions and creations made in the course of one's work.
2) Inventions and creations made in the performance of tasks other than their own work assigned by the unit;
3) Invention-creations made within one year after retirement, transfer from the original unit, or termination of labor or personnel relations, related to the work undertaken by the original unit or the tasks assigned by the original unit.
2. It is mainly an invention and creation completed by using the material and technical conditions of the unit.
"Material and technical conditions of the unit" refers to the funds, equipment, parts, raw materials, or technical data of the unit that are not publicly available.
Where the unit has a contract with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, and an agreement is made on the ownership of the patent right, the agreement shall prevail. If there is no agreement, the ownership of the patent right belongs to the unit.