Legal basis: Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law.
Article 12 The term "service invention-creation" as mentioned in Article 6 of the Patent Law refers to (1) the invention-creation completed in the course of one's own work; (2) Inventions and creations made while performing tasks other than their own duties; (3) Inventions and creations completed within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations, which are related to the work undertaken by the original unit or the tasks assigned by the original unit. The units mentioned in Article 6 of the Patent Law include temporary work units, and the material and technical conditions mentioned in Article 6 of the Patent Law refer to funds, equipment, spare parts, raw materials or technical data that are not disclosed to the public.
Article 13 The inventor or designer mentioned in the Patent Law refers to a person who has made creative contributions to the substantive features of invention-creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work does not belong to the inventor or designer.