The main difference between a service invention and a non-service invention is that an invention made by a party who performs the task of his own unit or mainly uses the material and technical conditions of his own unit is a service invention, while a non-service invention refers to an invention made by the staff of an enterprise, institution, social organization or state organ without using the material conditions of his own unit outside his duties.
Legal objectivity:
The invention-creation mentioned in Article 6 of the Patent Law, that is, the invention-creation accomplished by completing the task of the entity or mainly utilizing the material and technical conditions of the entity, refers to the invention-creation by taking advantage of the position. 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.