2, the use of the unit's material and technical conditions to complete the invention-creation, the unit and the inventor or designer have a contract agreement, the right to apply for a patent and the ownership of the patent right to make an agreement, from its agreement.
What are the types of job inventions?
1, one is the invention and creation completed by the unit. Including the following three situations:
(1) Inventions and creations completed by inventors in their own work;
(2) Inventions and creations completed by executing tasks related to their own jobs delivered by their own units;
(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;
2. The other category is inventions and creations mainly made use of the material conditions of the unit (including funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public); If only a small amount of material and technical conditions of the unit are used, and the use of such material conditions has nothing to do with the completion of the invention, it cannot be regarded as a service invention.
legal ground
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
Article 12 The term "service invention-creation" as mentioned in Article 6 of the Patent Law means:
(a) inventions in their own work;
(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;
(3) After retirement, within 1 year after transferring from the original unit or terminating the labor and personnel relationship, instead of in the original
Inventions and creations related to the work undertaken by the unit or the tasks assigned by the original unit.
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.
Article 13 The inventor or designer mentioned in the Patent Law refers to a person who has made creative contributions to the substantive features of invention-creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work does not belong to the inventor or designer.