According to the provisions of the Patent Law and its detailed rules for implementation, inventions and creations under the following circumstances belong to service inventions and creations. ?
(1) Inventions and creations completed by inventors in their own work; ?
(2) Inventions and creations completed when performing tasks unrelated to the work delivered by the unit; ?
(3) Inventions and creations that mainly utilize the material conditions of the entity (including funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public); ?
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 there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail. "
The term service invention-creation as mentioned in Article 6 of the Patent Law refers to:
(1) inventions made in their own work;
(2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public.