What should the patent inventor do after leaving his post?

The invention patentee will not have any influence on the patent right of the employer after leaving his post. As long as it is a service invention, what should the patent be like, regardless of whether the employee leaves the company or not? If the invention patent is not a job work, it has nothing to do with the employer, and the resigned employee has no right to use the invention at will.

1. What should I do after the patent inventor leaves his job?

The resignation of the patent inventor does not affect the patent right, because the patent right of service invention belongs to the employer, and whether the employee leaves the job or not does not have any influence.

1. The right to apply for a patent for service invention belongs to the unit. After the application is approved, the unit is the patentee; The unit shall reward the inventor or designer.

2, the use of the unit's material and technical conditions to complete the invention-creation, the unit and the inventor or designer have a contract agreement, the right to apply for a patent and the ownership of the patent right to make an agreement, from its agreement.

Second, what are the types of service inventions?

1, one is the invention and creation completed by the unit. Including the following three situations:

(1) Inventions and creations completed by inventors in their own work;

(2) Inventions and creations completed by executing tasks related to their own jobs delivered by their own units;

(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;

2. The other category is inventions and creations mainly made use of the material conditions of the unit (including funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public); If only a small amount of material and technical conditions of the unit are used, and the use of such material conditions has nothing to do with the completion of the invention, it cannot be regarded as a service invention.

3. How long is the protection period of patent right?

The protection period of inventions is 20 years, and that of utility models and designs is 10 year. From the date of application.

1, exclusive invention -20 years

2. Utility model-10 year

3. Design-10 year

It should be noted that the starting date of the patent protection period is calculated from the date of application, not from the date of patent authorization.

For the patent inventors of the company, under normal circumstances, the company will sign a confidentiality agreement with the parties. Employees who have left their jobs do not mean that they can sell the company's invention patents at will. If so, even if he leaves his post, the employer can still pursue the legal responsibility of the party concerned.