Legal analysis: Intellectual property is the result of individual independent research and development, and patent is the protection of copyright law in China. Patent is the most basic concept in patent law. There are generally three meanings in society: one refers to the patent right; Second, it refers to inventions protected by patent rights; The third refers to patent documents. Intellectual property rights include: industrial property rights and copyright (called copyright in China). Patent is only a type of intellectual property, and the scope of intellectual property is far greater than patent. The main significance of independent intellectual property rights lies in innovation and protection.

Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC) refers to inventions and creations made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee. Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.