What is the relationship between the job inventor and the applicant?

The relationship between the service inventor and the applicant is generally a labor or employment relationship. Article 6 of China's Patent Law stipulates that the right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit is the patentee. The criterion for judging service invention is only whether the material and technical conditions of the unit are mainly used and whether there is an agreement in the contract, and nothing else is involved. Moreover, the second paragraph of Article 12 of the Detailed Rules for the Implementation of the Patent Law of China also stipulates: "The unit mentioned in Article 6 of the Patent Law includes the temporary work unit". It can be seen that as long as there is a de facto labor-employment relationship and the material and technical conditions of the unit are mainly used, or as long as there is an agreement, it is possible to achieve service invention. Moreover, the first paragraph of Article 12 of the Detailed Rules for the Implementation of the Patent Law can indirectly infer that the establishment of a service invention does not require a labor contract or even a labor relationship. The first two paragraphs of Article 12 stipulate: "The post-service invention-creation mentioned in Article 6 of the Patent Law refers to: (1) inventions made in the course of one's own work; (2) Inventions and creations made by performing tasks other than their own jobs entrusted by their own units; (3) Inventions and creations made within one year after retirement, transfer from the original unit or termination of labor and personnel relations, which are related to their own work undertaken by the original unit or tasks assigned by the original unit. "