1, an invention made in my own work.
2. Inventions and creations made by performing tasks other than those assigned by the unit.
3. Inventions and creations made within one year after resignation, retirement or transfer related to their own work or assigned tasks undertaken by the original unit.
Although this invention was made after leaving the original unit, it is defined as a service invention because it is related to the work undertaken or assigned by the original unit.
legal ground
The invention-creation mentioned in Article 6 of the Patent Law, that is, the invention-creation accomplished by completing the task of the entity or mainly utilizing the material and technical conditions of the entity, refers to the invention-creation by taking advantage of the position.
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.
Content:
1. 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.
2. 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.
3. Where an invention-creation is completed by using the material and technical conditions of the entity, 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 right, such agreement shall prevail.