Service invention refers to the service invention completed by the staff of enterprises, institutions, social organizations, state organs and other units. Performing the tasks of the unit or mainly using the material conditions of the unit.
In the patent law, this relationship is reflected in the attribution of inventions completed by employees, that is, whether the inventions completed by employees are job inventions or non-job inventions. In principle, the solution to this problem should follow the principle of "contract is superior to law", that is, the ownership of the right of invention and creation should be solved first in accordance with the agreement in the labor contract.
In the service invention-creation, the natural person who has completed the invention-creation enjoys the identity right of signature right, while the patent application right and patent right belong to the unit. In non-service inventions, the right of signature, patent application and patent right belong to the inventor and designer himself.
Types of job inventions and creations
1. Inventions and creations completed by executing the tasks of this unit. Including the following three situations:
1. Inventions and creations completed by inventors in their own work; According to the labor contract signed between the laborer and the employer, the employer has the obligation to pay the laborer, and it is the basic obligation of the laborer to complete the labor tasks within the scope of the contract, so the labor achievements created by the laborer at this time should be owned by the employer.
2. Inventions and creations completed when performing tasks related to their own jobs delivered by their own units; In real life, the staff of the unit should not only undertake the work that belongs to their own scope of work, but also accept the tasks assigned to them by the unit in their own work diplomacy, so there are two different ways to understand the term "unit task" in the law.
Tasks other than those assigned by the executive unit usually refer to short-term or temporary tasks assigned by the unit, such as cooperative development, organizing research, accepting research commission, etc. The completion of these tasks is closely related to the macro guidance of the unit, the formulation of specific plans, the commitment of responsibilities and the necessary material conditions, so they should belong to service inventions.
3. Inventions and creations made within 1 year after resignation, retirement or job transfer related to the job undertaken by the original unit or the tasks assigned by the unit.
Two, the use of the unit's material conditions (including funds, equipment, spare parts, raw materials or technical information, etc.). ) to complete the invention; However, if only a small amount of material and technical conditions of the unit are used, and the use of such material conditions has nothing to do with the completion of the invention, it cannot be regarded as a service invention.