Similarities and differences between the right ownership of service invention and creation and the right ownership of service works

Job works refer to works created by citizens to complete the tasks of legal persons or unincorporated units. Generally speaking, the copyright of a job work is enjoyed by the author, but a legal person or entity without legal personality has the right to give priority to the use within its business scope. Within a certain period of time after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit. The relationship between the post inventor and his unit is a kind of labor contract relationship, which is manifested in the relationship between employees and employers in capitalist countries. In the patent law, this relationship is reflected in the attribution of inventions completed by employees, that is, whether the inventions completed by employees are job inventions or non-job inventions. In principle, the solution to this problem should follow the principle of "contract is superior to law", that is, the ownership of the right of invention and creation should be solved first in accordance with the agreement in the labor contract. The right of service invention basically belongs to the unit, but it can also be owned by the inventor and the unit. Article 6 of the Patent Law of People's Republic of China (PRC) refers to a service invention-creation made by performing the tasks of the entity or mainly using 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 entity shall be the patentee.