The patent law of our country divides the ownership of invention and creation rights into two categories: service inventions and creations and non service inventions and creations. There are two types of inventions and creations that belong to the category of duty inventions and creations. One is inventions and creations completed in the execution of tasks within the unit; The second is mainly the invention and creation completed by utilizing the material conditions of the unit. If there is a contract between the unit and the inventor or designer for inventions or creations completed using the material conditions of the unit, the agreement shall prevail.

The above-mentioned tasks of our unit refer to:

(1) In one's own job;

(2) Fulfill tasks beyond the duties assigned by the unit;

(3) Inventions or creations made within one year after resignation, retirement, or job transfer that are related to their original job responsibilities or assigned tasks in their original unit.

The right to apply for a patent for non service inventions and creations belongs to the inventor or designer.