1, divided by the business scope of the unit;
2, whether the completion of the invention has made use of the material and technical conditions of the unit as the standard for dividing service inventions and non-service inventions;
3. Whether the time to complete the invention and creation belongs to spare time is regarded as the standard to divide the service invention and creation from the non-service invention and creation;
4, whether the unit is established as a standard for dividing service inventions and non-service inventions;
5, according to the post responsibility system and the scope agreed in the employment contract as the division standard.
patent law of the people's republic of china
Article 6
An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit 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 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.