An invention-creation made in performing an entity’s tasks or mainly using its material and technical resources is a service invention. The right to apply belongs to the entity and, after grant, the entity is the patentee. The entity may lawfully dispose of the application right and patent right to promote implementation and use.

For a non-service invention, the right to apply belongs to the inventor or designer, who becomes the patentee after grant.

Where an invention is made using an entity’s material and technical resources and an agreement allocates the application right and patent right, that agreement governs.

A service invention made in performing the entity’s tasks includes:

(1) an invention made in the course of the person’s own duties;

(2) an invention made in performing a task assigned by the entity outside the person’s ordinary duties;

(3) an invention made within one year after retirement, transfer, or termination of the employment or personnel relationship that relates to the person’s former duties or assigned tasks.

Entity includes a temporary workplace; material and technical resources include funds, equipment, components, raw materials, and non-public technical information and materials.

An inventor or designer is a person who makes a creative contribution to the substantive features. A person who only organizes work, facilitates use of material and technical resources, or performs other auxiliary work is not an inventor or designer.