The invention-creation mentioned in Article 6 of the Patent Law, that is, the invention-creation accomplished by completing the task of the entity or mainly utilizing the material and technical conditions of the entity, refers to the invention-creation by taking advantage of the position. 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 12 of the Patent Law As mentioned in Article 6 of the Patent Law, the service invention-creation completed by the task of the executive unit refers to:
(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.