The difference between the copyright of service works and the patent right of service invention creation.

The difference between service inventions and service works lies in the different ownership of rights. The ownership of the service invention generally belongs to the unit, but the service work belongs to the individual, and the unit enjoys the priority to use it. Moreover, if the unit enjoys ownership, the individual has the right to sign. So this is their biggest difference.

Legal analysis

The similarities between service inventions and service works are as follows: both of them have a labor legal relationship with the unit, belong to the employees of the unit and enjoy all the welfare benefits of the unit; Within the scope of their duties; Have the right to sign; Created by using the material and technical conditions of the unit; The legal responsibility shall be borne by the unit. The essential difference between service inventions and service works is the different ownership of rights. The right of service invention basically belongs to the unit, but it can also be owned by the inventor and the unit. Paragraph 1 of Article 6 of China's Patent Law stipulates: "An invention created by performing the tasks of the entity or mainly utilizing the material and technical conditions of the entity is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the unit is the patentee. " There are two different situations in which the right of job works belongs: one is that the author enjoys the copyright and the unit enjoys the priority to use it; The other is that the unit enjoys copyright and the author enjoys the right of authorship. Therefore, the rights of professional works basically belong to the author, and a few belong to the unit, but the author still has the right of signature.

legal ground

Article 6 of the Patent Law of People's Republic of China (PRC) refers to a service invention-creation 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.