Do inventors of service inventions need to pay royalties?

Service invention-creation refers to the invention-creation completed by the inventor who completes the task of his own unit or mainly uses the material and technical conditions of his own unit without paying remuneration. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. However, employees do not need to pay for the use. 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 there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail. This article clarifies that the right to apply for a patent for a non-service invention-creation belongs to the inventor or designer himself, and the right to apply for a patent for a service invention-creation belongs to the unit. Where a unit has an agreement with the inventor or designer on the service invention completed by using the material and technical conditions of the unit, such agreement shall prevail. Therefore, to clarify the ownership of patent application right and patent right, we must first clarify whether the invention belongs to service invention. As can be seen from Article 6 of the Patent Law, there are mainly two kinds of service inventions: one refers to the inventions and creations completed by inventors and designers in the execution of their own tasks. According to the relevant provisions of Article 1 1 of the Detailed Rules for the Implementation of the Patent Law, the so-called "carrying out the tasks of one's own unit" refers to three situations: one is the invention and creation completed in one's own work; Second, the invention and creation made by the task other than the job entrusted by the executive unit; Third, inventions made within 1 year after resignation, retirement or job transfer, which are related to my work undertaken in the original unit or tasks assigned by the original unit. The other category refers to inventions made mainly by using the material and technical conditions of the unit. According to the relevant provisions of Article 1 1 of the Detailed Rules for the Implementation of the Patent Law, the so-called "mainly utilizing the material and technical conditions of the unit" refers to utilizing the funds, equipment, spare parts, raw materials or technical materials of the unit that have not been disclosed to the public. What needs to be explained here is that the invention and creation completed by the inventor or designer himself does not carry out the task of the unit. If it is mainly realized by using the material and technical conditions of the unit, it is also a service invention, that is to say, the material and technical conditions of the unit should be indispensable for completing the invention and creation. For a small amount of use or use that does not substantially help the completion of the invention and creation, it can be ignored. However, if the unit and the inventor or designer agree in the form of a contract that the invention is a service invention, then the invention is a service invention.