Legal provisions:
The remuneration paid to the inventor or designer is divided into two grades according to the different patent objects: the invention or utility model patent is not less than 2%, and the design patent is not less than 0.2%. Here, 2% and 0.2% should refer to the remuneration standard that the inventor or designer should get after implementing each specific invention, utility model or design patent. Specifically:
(1) Products consist of patents. Manufacturing and selling products means implementing patents, and implementing patents means manufacturing products. After the company obtains the after-tax profit of 100 yuan after the implementation of this patent, it shall pay the inventor or designer 2% (invention or utility model) and 0.2% (design) as remuneration, and shall pay 2 yuan (invention or utility model) or 0.2 yuan (design). No matter how many inventors or designers there are.
(two) the product is an improvement on the existing technology, including patented technology and existing technology. After the implementation of this new product, the after-tax profit of the company is 100 yuan. At this time, it is necessary to distinguish the profits brought by patented technology. If it can be calculated that the profit brought by patented technology is 50 yuan, then we should extract 2%( 1 yuan) or 0.2%(0. 1 yuan) from this 50 yuan and pay it to the inventor or designer as a reward.
(3) A product consists of multiple patents, and the reward for the inventor or designer who completed each patent is the same, depending on the contribution made by each specific patent in the implementation. If a product has 10 exclusive rights, the after-tax profit of the unit after implementing the product is 100 yuan, and the average after-tax profit of each patent is 10 yuan. When paying the remuneration to the inventor, it shall be calculated separately in the profit 10 yuan brought by each patent. If there are five patents for invention or utility model and five patents for design, the remuneration payable to the designer for each design is 0.2% of 10 yuan, that is, the designer of each design should get 0.02 yuan. In this way, the total remuneration paid by the unit to the inventor or designer in the total profit will still not exceed 2% and 0.2% of the total profit.
(4) A product contains many patents, and the inventors or designers of these patents are all one person. For example, there are three patents for invention or utility model and one patent for design in a product. After the product is implemented by the unit, the remuneration that the unit should pay to the inventor (designer) should still be calculated according to the proportion of each patent in the after-tax profit of the product after the product is implemented. If the total after-sales profit of products is 100 yuan, of which design accounts for 10 yuan and each invention or utility model patent accounts for 20 yuan, the remuneration of design patents to designers is 0.2% of 10 yuan, that is, in 0.2 yuan, the after-tax profits of three inventions or utility model patents account for 60 yuan, and the remuneration to inventors is 2% of 60 yuan. That is, 1.2 yuan, the unit shall pay the inventor (designer) 1.4 yuan, accounting for 2% of the after-tax profits of the four patents and 1.4% of the after-tax profits of the whole product.
(5) No matter how many patents a product has and how many inventors or designers there are in each patent, the remuneration that the unit should pay to the inventors or designers is calculated according to each patent, not according to the number of inventors or designers. In other words, no matter how many inventors and designers, they will share 2% and 0.2% together.
Article 76 of the Detailed Rules stipulates: "If a state-owned enterprise or institution that has been granted a patent license other units or individuals to exploit its patent, it shall, after paying taxes, extract not less than 10% of the royalties collected for licensing the exploitation of the patent as remuneration to the inventor or designer". This article was revised from Article 73 of the original detailed rules for implementation. The amendment involves three aspects: first, it allows others to implement it, including other units or individuals, which is also in line with the provisions of the contract law. The second is to change the "royalties collected" to "royalties collected for licensing the exploitation of patents". The purpose of this modification is to make the text expression more accurate. The third is to change the proportion of reward extraction from the original "5%- 10%" to "not less than 10%". This is also to make inventors or designers get more profits and reflect the policy orientation of encouraging technological innovation.
Article 77 of the detailed rules for implementation stipulates that "other domestic units may refer to the provisions of this chapter on bonuses and remuneration". This article is revised from Article 75 of the original detailed rules for implementation. The main point of the revision is to change "collectively owned units and other enterprises" in the original detailed rules to "other domestic units". Other units in China include foreign-invested enterprises, collectively-owned units, private enterprises and other mixed-ownership enterprises.
The execution referred to here refers to the execution without other legal provisions and agreements, that is, if other units in our country have other agreements on the rewards and remuneration of inventors or designers in accordance with other legal provisions or the ways agreed by the parties, they can be executed in accordance with the legal provisions or agreements; If not, it shall also be implemented in accordance with the standards stipulated in the detailed rules for the implementation of the patent law.
In order to ensure the realization of the legitimate rights and interests of the inventor or designer of a service invention-creation to receive rewards and remuneration according to law, Article 79 of the Detailed Rules for the Implementation of the Patent Law stipulates that when there is a dispute between the inventor or designer of a service invention-creation and the unit to which he belongs, the parties concerned may request the department in charge of patent work to mediate. If they are unwilling to settle through mediation or mediation fails, the parties may also bring a civil lawsuit to the people's court.
According to Item 7 of Article 1 of the Supreme People's Court's Provisions on Applicable Legal Issues in the Trial of Patent Dispute Cases, the case of the inventor or designer's reward for service invention-creation is officially defined as a patent dispute case, which provides a clear basis for the inventor or designer to seek judicial channels to safeguard their legitimate interests once there is a reward dispute with the original unit.