1. Article 6 of China's Patent Law stipulates that an invention-creation completed by performing the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. 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.
2. According to the law, we can know that if we want to identify Li as a service invention, there must be evidence to prove that:
Unit A has entered into any contract with Li Wei on the ownership of patent application right and patent right.
Li is a service invention created by performing the tasks of his own unit, which can be one of the following:
(1) inventions made in their own work;
(2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the unit.
C Li takes advantage of the material and technical conditions of his own unit (including temporary work units), which can specifically refer to his own funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public.
Second, do you think the 94 patent in this case is a service invention? Why?
I don't think the 94 patent in this case belongs to service invention.
The reason is: if the unit 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. According to what you said, "our department agreed to Li's request", therefore, even if Li completed the invention by using the material and technical conditions of his unit, it should belong to his personal patent.
Third, whether the 94 patents in this case can be owned by both the original and the defendant without considering the dispute over the nature of service inventions and non-service inventions.
The patentee can be a unit or an individual. If the negotiation is successful, you can naturally have it.