Ownership of patent right of service invention

Legal analysis: the ownership of the patent right of service invention refers to the invention and creation accomplished by performing the task of the unit or mainly using the material and technical conditions of the unit. 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.

Legal basis: Article 12 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC). The term "service invention-creation" as mentioned in Article 6 of the Patent Law refers to:

(a) inventions in their own work;

(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;

(3) After retirement, within 1 year after transferring from the original unit or terminating the labor and personnel relationship, instead of in the original

Inventions and creations related to the work undertaken by the unit or the tasks assigned by the original unit.