How to distinguish service invention from non-service invention

First, the difference between service inventions and non-service inventions: China divides inventions into service inventions and non-service inventions. According to the provisions of the patent law, service invention-creation refers to the invention-creation that the inventor or designer performs the task of his own unit or mainly uses the material and technical conditions of his own unit. According to the detailed rules for the implementation of the Patent Law, inventions and creations under the following circumstances belong to service inventions and creations. (1) Inventions and creations completed by inventors in their own work; (two) to complete the invention delivered by the unit that has nothing to do with the job; (3) Inventions and creations that mainly utilize the material conditions of the entity (including capital equipment, spare parts, raw materials or technical materials that are not disclosed to the public); (four) inventions made within one year after resignation, retirement or transfer of work related to their own work or assigned tasks undertaken by the original unit. Inventions other than those mentioned above are non-service inventions. Judging whether it is a service invention does not depend on whether the invention is made inside or outside the unit; It does not depend on whether these factors are made during working hours or outside working hours. As long as it belongs to the task of the executive unit or mainly uses the material conditions of the unit, even if it is done at home in spare time, it belongs to the service invention. Because mental work is different from manual work, it is not limited by specific places and commuting time, and the invention and creation of ideas will not be interrupted by coming home from work. Therefore, we can't simply take the place and time of occurrence as the standard to judge whether it belongs to the service invention. 2. What is an inventor or designer? The inventor or designer mentioned in the Patent Law is strictly limited, and not all the staff involved in Fan Ming's creation belong to the inventor or designer. Article 12 of China's patent law and its detailed rules for implementation stipulates that an inventor or designer refers to a person who has made creative contributions to the substantive characteristics of invention-creation. That is to say, an inventor or designer refers to a person who puts forward an invention or design idea and makes it technically concrete, and a person who technically realizes a well-known invention or design idea that has not been realized or materialized. In the process of completing an invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material conditions or engaging in other auxiliary work does not belong to the inventor or designer as stipulated in Article 12 of the Patent Law and its implementing rules. Specifically, this kind of personnel refers to those who only provide ideas for invention or design, but the ideas are not specific enough for ordinary technicians in this major to realize; People who only give scientific research tasks or provide scientific research topics and leaders who do not undertake specific scientific research tasks; In the process of completing the invention and creation, people who are only responsible for organizing the work and other managers who do not do specific research work; In the process of completing the invention and creation, only making some general suggestions or giving general guidance can constitute the substantive characteristics of the invention and creation; According to the instructions of researchers, assistants who have only done some data processing or some experiments, such as drawing drawings, making models, testing and measuring, retrieving data, compiling documents, etc. ; A person who provides convenience for the use of material conditions and gives financial assistance or entrustment in the process of completing the invention and creation. Problems to be explained: 1. From the above two concepts, it can be concluded that although there is no limit on the number of inventors or designers of enterprise service inventions, the patent law and its implementation rules have been limited in concept. According to the provisions of the Patent Law, as far as service invention-creation is concerned, since the invention is jointly completed by the company, the enterprise and the inventor when undertaking the tasks of the company and the enterprise, the right to apply for a patent belongs to the unit where the inventor or designer belongs, and no individual can apply for a patent for the invention-creation. Rights of inventors or designers of non-service inventions. An inventor or designer of a non-service invention-creation has the right to apply for a patent, and after the application is approved, the inventor or designer of the non-service invention-creation is also the patentee. Wang Zekun (Intellectual Property)