What are the rules for the inventors of service inventions to give rewards and remuneration?
1. Article 6, paragraph 1, of this Law stipulates that an invention-creation completed by performing 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. According to this regulation, the patent right of service invention belongs to the unit where the inventor or designer works, which is the patentee and enjoys all the rights granted to the patentee by law. However, fundamentally speaking, invention is the result of the intellectual activities of inventors and designers. The knowledge, wisdom and hard work of the inventor or designer play a vital role in completing an invention. Although the inventor or designer can't enjoy the patent right of service invention-creation, he should be rewarded for his intellectual work, which is conducive to giving full play to the enthusiasm of individual invention-creation and promoting scientific and technological progress and innovation. Therefore, this article stipulates that the inventor or designer of a service invention-creation shall be rewarded by his unit, and after the patent is implemented, he shall be given reasonable remuneration according to the implementation situation. The inventors and designers mentioned here refer to people who have made creative contributions to the substantive characteristics of inventions and creations. In the process of invention-creation, a person who is only responsible for organizing work, providing convenience for the use of material conditions and engaging in other auxiliary work should not be regarded as an inventor or designer. 2. In accordance with the provisions of this article, the entity that has been granted a patent right shall reward its inventor or designer, regardless of whether its patented invention-creation has been implemented or not and whether it has created economic benefits. After the patent for invention-creation is implemented, the entity granted the patent right shall also give the inventor or designer reasonable remuneration according to the scope of popularization and application of the patent for invention-creation and the size of the economic benefits obtained. The "economic benefits" mentioned here include not only the economic benefits obtained by the unit granted the patent right to implement the patent itself, but also the economic benefits obtained by allowing others to implement or transfer the patent right in a broad sense. After a unit owned by the whole people is granted a patent right, it shall reward and reward the inventor and designer in accordance with the provisions of the Patent Law. The Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), which was approved and promulgated by the State Council, made specific provisions. The detailed rules stipulate that the unit that has been granted the patent right "shall give the inventor or designer a bonus. The prize for an invention patent is at least 200 yuan; The prize for utility model patent or design patent is at least 50 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. "The bonus awarded to the inventor or designer can be included in the cost by the enterprise unit and paid by the institution from the business expenses." The unit that has been granted the patent right shall, within the validity period of the patent right, pay the inventor or designer 0.5% ~ 2% of the after-tax profit of the invention or utility model or 0.05% ~ 0.2% of the after-tax profit of the design every year as remuneration; Or refer to the above ratio and send a one-time reward to the inventor or designer. " A unit that has been granted a patent right "licenses other units or individuals to exploit its patent, and shall extract 5% of the collected royalties as remuneration to pay the inventor or designer." The detailed rules for implementation also stipulate that units under collective ownership and other enterprises may refer to the above provisions.