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China's patent law divides inventions into two categories: service inventions and non-service inventions. According to the provisions of the Patent Law and its detailed rules for implementation, inventions and creations under the following circumstances belong to service inventions and creations. ?
(1) Inventions and creations completed by inventors in their own work; ?
(2) Inventions and creations completed when performing tasks unrelated to the work delivered by the unit; ?
(3) Inventions and creations that mainly utilize the material conditions of the entity (including funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public); ?
(four) inventions made within one year after resignation, retirement or transfer of work related to their own work or assigned tasks undertaken by the original unit. ?
Inventions other than those mentioned above are non-service inventions. ?
The right to apply for a patent for a service invention-creation belongs to the unit. ?
The right to apply for a patent for a non-service invention-creation belongs to individuals.