The identification of service invention directly affects the ownership of invention patent right. According to the regulations, inventions made mainly by using the material and technical conditions of the unit belong to service inventions in principle, and the right to apply for a patent and the patent right belong to the unit after the application is approved. However, if an inventor or designer who has made use of the material and technical conditions of his own unit to complete an invention-creation has entered into a contract with his own unit to stipulate the ownership of the right to apply for a patent and the patent right, the ownership of the right to apply for a patent and the patent right shall be determined according to the agreement of both parties in accordance with the provisions of the third paragraph of this article. Simply put, the right to apply for a patent for service invention belongs to the unit, and after the application is approved, the unit is the patentee; The unit shall reward the inventor or designer. An invention made without taking advantage of the material conditions of the unit belongs to a non-service invention-creation, and the right to apply for a patent belongs to the inventor or designer. That is to say, the invention made by using the company's equipment and materials, as well as the invention itself, belongs to the employee's position or the task assigned by the company, and belongs to the category of service invention, and what is invented within one year after leaving the company is related to the last job, so it is still a service invention.
Legal objectivity:
Article 6 of the Patent Law, which came into effect on June, 2002 1 year, is a service invention-creation that carries out the tasks of the entity or mainly makes use of the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations. 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 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.