Article 6 of the Patent Law:
An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. 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.
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.
Extended data:
The difference between service invention and non-service invention is mainly reflected in the right attribution of invention and creation.
For non-service inventions, only the inventor or designer of the invention-creation can become a patent applicant. After the patent application is approved, the patentee can enjoy the exclusive right to possess, use, benefit and dispose of his invention-creation, excluding anyone else, thus dominating the patent prohibition right.
In the service invention-creation, although the natural person is the main body to complete the invention-creation, the right to apply for a patent for the invention-creation belongs to the unit, and the natural person, as the inventor, does not enjoy the right to control the completed invention-creation and the prohibition right to exclude others from using it.
Article 16 of the Patent Law: A unit that has been granted a patent right shall reward the inventor or designer of a service invention-creation. After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.
Baidu Encyclopedia: Patent Law
Baidu Encyclopedia: Service Invention