According to Article 6 of China’s Patent Law, an invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him by mainly using the material and technical means of the entity is a service invention. For a service invention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee.
For a non-service invention-creation, the right to apply for a patent belongs to the inventor or designer. After the application is approved, the inventor or designer shall be the patentee.
Where the entity and the inventor or creator has entered into an agreement under which there is provision on who has right to apply for a patent and to whom the patent right belongs, the provisions of the agreement shall prevail. According to Article 6 of China’s Patent Law, invention-creations made in his execution of the tasks of the entity to which he belongs include:
1) Inventions-creations made in his professional work
2) Invention-creation made in the execution of the tasks assigned by the entity beyond the professional work
3) Invention-creation made in relation to the original professional work undertaken in the entity or the assignments of the entity within the first year of his retirement, removal from office, or termination of the employee or personnel relationship.
According to Article 6 of China’s Patent Law, the entity to which he belongs includes the temporary entity and the material and technical means of the entity to which he belongs refer to the capital, equipment, components, raw materials or some confidential technical documents, etc.
