In the patent application process, if the applicant is an employer and the designer does not belong to the employer, then it is not necessary to submit a certificate of assignment or other documents. This is because the applicant (individual) can be different from the inventor or designer. In this case, the attribution of the designer does not affect the process of applying for a patent.
However, the situation is different when the designer belongs to the unit. According to Article 6 of the Patent Law, an invention-creation completed under such circumstances is a service invention-creation. The right to apply for a patent belongs to the unit, and the unit will become the patentee. If there is a contract between the unit and the inventor or designer, the right to apply for a patent and the ownership of the patent right shall be determined in accordance with the contract.
In general, the need to submit a certificate of assignment or other documents during the patent application process mainly depends on whether the designer belongs to the Authority. If the designer does not belong to the Authority, these documents are not required. When the designer belongs to the unit, it is necessary to determine the right to apply for a patent and the ownership of the patent right in accordance with relevant laws and regulations and contractual agreements.