What is a service invention? What rights do creators of service inventions have?
What exactly is a service invention? What rights do job inventors enjoy? The beginning of all creation is scientific and technological activities that benefit mankind. Today, let's talk about what service invention is. Material conditions of service invention The so-called service invention, according to the provisions of the Patent Law, refers to the invention and creation made by performing the tasks of the unit or mainly using the material conditions of the unit. Implementing the tasks of this unit specifically includes: inventions made in one's own work; Inventions and creations completed by tasks other than those delivered by the unit; Inventions and creations made within one year after resignation, retirement or transfer related to the job undertaken by the original unit or the tasks assigned by the original unit. The material conditions of the main utilization unit refer to the fact that the inventor or designer mainly uses the funds, equipment, spare parts or technical materials of the unit or does not disclose them to the public in the process of completing the invention and creation. China's patent law clearly stipulates that the right to apply for and obtain a patent belongs to the unit. The right to apply for a patent for the service invention-creation of the staff of a foreign-capital enterprise or a Sino-foreign joint venture in China belongs to the enterprise. For inventions and creations completed by two or more units in cooperation or by one unit entrusted by other units, the right to apply for and obtain patents can be clearly defined in the same research and development contract or commissioned research and development contract. If there is no agreement in the contract, the right to apply for and obtain a patent belongs to the unit that completed or jointly completed it. The right of the inventor of a service invention belongs to the entity that completed the service invention patent. The patent application is approved by the patent administration department of the State Council, and the patent right is granted, and the patentee is the unit. However, the creator of a service invention enjoys the following rights because of his invention and creation: 1. Service inventors and designers have the right to declare themselves as inventors or designers in patent documents; 2. The right to receive unit rewards; After the invention or design patent is implemented, you have the right to get reasonable remuneration.