Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.
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.
The detailed rules for the implementation of the Patent Law provide further details:
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) Inventions and creations made within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations, which are related to my work undertaken in the original unit or tasks assigned by the original 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 the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
First of all, please determine who is the patent applicant of this patent/patent application. If you are an individual, please determine whether the patent is completed by using the company's material and technical conditions. If so, even if the applicant is you personally, the company can fight the ownership lawsuit accordingly. Thirdly, please collect some evidence to prove that the patent is not a service invention in case the company has the right to sue.