The inventor of the service invention patent has the right to indicate in the patent document that the laborer is the inventor or designer; You can also enjoy the corresponding remuneration given by the employer; You can also enjoy the rewards you deserve; However, the product ownership of the service invention belongs to the employer.
The patent right for service invention-creation belongs to the entity, and if the patent application is approved by the patent administration department of the State Council and the patent right is granted, the patentee is the entity. However, the inventor of a service invention enjoys the following rights because of his invention:
1. Service inventors and designers have the right to declare themselves as inventors or designers in the 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.
First, how to calculate the reward of the post invention award?
(1) Where there is no agreement between the entity to which the patent right has been granted and the inventor or designer, and the rules and regulations formulated according to law do not stipulate the way and amount of reward as stipulated in Article 16 of the Patent Law, it shall give the inventor or designer a bonus within 3 months from the date of announcement of the patent right. The bonus for an invention patent is at least 3,000 yuan;
The minimum bonus for utility model patent or design patent shall not be less than 1000 yuan. Where an invention-creation is completed because the suggestion of the inventor or designer is adopted by the entity, the entity that has been granted the patent right shall give a bonus from the superior entity.
(2) Where the entity granted the patent right has not agreed with the inventor or designer, nor has it stipulated the remuneration method and amount stipulated in Article 16 of the Patent Law in the rules formulated according to law, within the validity period of the patent right, after the patent for invention-creation is implemented, it shall extract not less than 2% from the business profit of the patent for invention or utility model or not less than 0.2% from the business profit of the patent for design every year.
Give the inventor or designer a reward, or give the inventor or designer a one-time reward with reference to the above ratio.