How to identify service inventions?

(1) An invention-creation completed by carrying out the task of this unit belongs to one of the following situations, that is, it belongs to a service invention-creation: 1, an invention-creation made by an inventor or designer in his own work. The post is the scope of the inventor or designer's work, which belongs to the scope of daily work responsibilities, and neither refers to the business scope of the unit nor the professional scope of the individual. Inventions in daily work belong to job inventions. 2. Inventions and creations completed by completing tasks other than their own jobs delivered by the unit. The "unit" here includes: personnel subordinate units of employees, temporary work units (such as seconding units of seconded personnel, employing units of professionals, etc.). "Tasks other than their own jobs" refers to short-term or temporary tasks undertaken by staff according to the arrangement of the unit. Where a unit arranges specific personnel to participate in research and development tasks for specific purposes other than their own jobs, it shall sign an agreement to clarify the scope of the tasks and keep relevant evidence to avoid disputes between the two parties on whether the invention belongs to a service invention after the invention is completed. 3. Inventions made within 1 year after resignation, retirement or job transfer, which are related to one's own job or tasks assigned by the original unit. It should be noted that an invention made after resignation, retirement or transfer must meet two conditions at the same time to constitute a service invention. 1) The invention-creation must be made within 1 year after the inventor or designer resigned, retired or transferred from the original unit; 2) The invention-creation is related to the work or tasks assigned by the inventor or designer in the original unit. (2) Inventions and creations that mainly utilize the company's material and technical conditions. In practice, many inventions make use of the company's material and technical conditions. However, according to the provisions of the Patent Law, not all inventions that take advantage of the company's material and technical conditions belong to service inventions, but must meet the following conditions: 1. The completion of the invention made use of the company's "material and technical conditions". The so-called material and technical conditions refer to funds, equipment, spare parts, raw materials or technical data that are not disclosed to the public. 2. The completion of the invention made use of the material and technical conditions of the "unit". This unit refers to the inventor's subordinate units, secondment units and employing units. If the material and technical conditions used by the subject in the process of completing the invention and creation have nothing to do with the unit, it is not considered as a service invention and creation. 3, the completion of the invention is "mainly" to use the material and technical conditions of the unit. What is emphasized here is the role and proportion of the material and technical conditions of the unit in the process of completing the invention and creation. The patent law does not specify this point in detail. Academics believe that using the company's material and technical conditions refers to using all or most of the company's funds, equipment, spare parts, raw materials and technical materials that are not disclosed to the public in the process of invention and creation. If this utilization is the essential and decisive condition of invention and creation, then invention and creation should belong to service invention and creation. If the inventor or designer only makes a small use of the material and technical conditions of the unit, and this use has little to do with the completion of the invention-creation, then the invention-creation is not considered as a service invention-creation. It should be noted that only when the above three conditions are met at the same time can an artificial creation be made by "mainly using the material conditions of the unit" and can it be recognized as a service invention. The reason is that the completion of this invention is closely related to the material help of the unit. Without this kind of material help, this invention can't be completed. Judging whether it belongs to a service invention-creation does not depend on whether the invention-creation is completed inside or outside the unit, nor does it depend on whether the invention-creation is completed during working hours or in spare time outside working hours. As long as it belongs to the task of the executive unit or mainly uses the material and technical conditions of the unit, even if it is done at home in spare time, it belongs to the service invention. Because mental work is different from manual work, it can be free from the restrictions of specific places and commuting time.