Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. 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.
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.
Article 16 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.
Article 12 The term "service invention-creation" as mentioned in Article 6 of the Patent Law means:
(a) inventions in their own work;
(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;
(3) Inventions and creations made within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations, which are related to my work undertaken in the original unit or tasks assigned by the original unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
Article 76 The entity that has been granted a patent right may agree with the inventor or designer, or in the rules and regulations formulated according to law, the way and amount of rewards and remuneration stipulated in Article 16 of the Patent Law.
The rewards and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the provisions of the relevant state financial and accounting systems.
Article 77 Where the entity granted the patent right has not agreed with the inventor or designer, nor has it stipulated in the rules and regulations formulated according to law the way and amount of the award 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.
Article 78 Where the unit granted a patent right has not agreed with the inventor or designer or the way and amount of remuneration stipulated in Article 16 of the Patent Law in the rules and regulations formulated according to law, within the validity period of the patent right, after the patent for invention-creation is implemented, not less than 2% or not less than 0.2% of the business profit of the patent for invention or utility model shall be paid to the inventor or designer as remuneration every year, or the inventor or designer shall be paid a one-time remuneration with reference to the above ratio. Where a unit that has been granted a patent right licenses other units or individuals to exploit its patent, it shall extract not less than 10% of the collected royalties as remuneration and pay it to the inventor or designer.
All the above are the provisions of the patent law and the detailed rules for the implementation of service inventions and related awards.
First of all, as upstairs said, you must first judge whether your invention is a service invention. If so, you must consider what your company's policy on job invention is, because there is a saying: formulate relevant policies according to law. In other words, it depends on what kind of incentive policies your company has for job invention. If not, there is also the issue of royalties for implementation, transfer, licensing and other fees. It's not just 3000.