Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. 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 there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.
Article 11 The term "service invention-creation" as mentioned in Article 6 of the Patent Law means:
(a) inventions in their own work;
(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;
(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 original unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.