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If the patent applicant is an organization and the designer does not belong to the organization, is a certificate of assignment or other documents required? What if the designer belongs to the organization?
Release Time：
2020-06-08
Source: State Intellectual Property Office Published: 2020-06-08
The applicant (individual) and the inventor or designer can be different persons. Therefore, when the designer does not belong to the organization, no assignment certificate or other document is required. When the designer belongs to the unit, according to Article 6 of the Patent Law, the invention-creation which carries out the tasks of the unit or is mainly accomplished by utilizing the material and technical conditions of the unit is a functional invention-creation. The right to apply for a patent for a functional invention belongs to the organization; after the application is approved, the organization is the patentee. If the unit and the inventor or designer have entered into a contract on the right to apply for a patent and the attribution of the patent right in respect of an invention-creation accomplished by utilizing the material and technical conditions of the unit, the contract shall be enforced according to their agreement.
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