Who can apply for a patent?


Release Time:

2015-11-24

(A) The inventor or designer.

(B) The unit of the inventor of the functional invention. If the unit and the inventor or designer have a contract which stipulates the right to apply for a patent, the agreement shall apply.

(C) For inventions and creations made in cooperation or on commission, unless otherwise agreed, the right to apply for a patent shall belong to the unit or individual who has completed or jointly completed the invention or creation.

(D) The lawful assignee of the right to apply for a patent. This includes a person who acquires the right to apply for a patent by way of contractual assignment and a person who acquires the right to apply for a patent by way of inheritance.

(E) Foreigners. Where a foreigner, a foreign enterprise or a foreign organization which does not have a permanent residence or place of business in China applies for a patent in China, the application shall be handled in accordance with the Patent Law in accordance with the agreement signed between the country to which the foreigner belongs and China or the international treaty to which the foreigner is a party, or in accordance with the principle of reciprocity, and shall be entrusted to a patent agency established in accordance with law.

Source: Beijing 12330

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