How should the patent bonus obtained in the company be distributed?

The answer is yes.

Article 16 of the Patent Law stipulates that: the entity that has been granted the patent right shall reward the inventor or designer of the 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.

Chapter VI of the Detailed Rules for the Implementation of the Patent Law further refines the above provisions:

Article 74 A state-owned enterprise or institution that has been granted a patent right shall, within three months from the date of announcement of the patent right, give the inventor or designer a bonus. The bonus for an invention patent is at least 2000 yuan; The bonus for utility model patent or design patent shall be at least not lower than that of 500 yuan.

State-owned enterprises and institutions that have been granted patent rights shall reward inventions and creations that have been completed because the suggestions of inventors or designers have been adopted by their subordinate units.

Bonuses awarded to inventors or designers can be included in the cost of enterprises, and institutions can be charged out of business expenses.

Article 75 During the period of validity of the patent right, the state-owned enterprises and institutions that have been granted the patent right shall, after exploiting the invention-creation patent, extract not less than 2% of the profits from exploiting the invention patent or utility model patent or 0.2% of the profits from exploiting the design patent as remuneration to the inventor or designer. Or refer to the above ratio, give the inventor or designer a one-time reward.

Article 76 Where a state-owned enterprise or institution that has been granted a patent right licenses other units or individuals to exploit its patent, it shall, after paying taxes, draw a proportion of not less than 65,438+00% from the royalties collected from licensing the exploitation of the patent as remuneration to the inventor or designer.

Article 77 The provisions on bonuses and remuneration in this chapter may be implemented by other units in China.

From the wording of the law ("should" and "can"), we can see that the relevant provisions are not mandatory, especially for non-state-owned enterprises and institutions. However, your friends still have the right to ask for bonuses and rewards.