The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.
Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.
Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee.
Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
Is it necessary to apply for a patent for a service invention within one year?
According to the provisions of Article 6 of the Patent Law, inventions made by performing the tasks of the entity or mainly using the material and technical conditions of the entity belong to service inventions. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.
According to Article 12 of the Detailed Rules for the Implementation as revised in 20 10, the term service invention-creation as mentioned in Article 6 of the Patent Law refers to:
Not necessarily, (1) inventions made in the course of one's own work;
(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;
(3) Inventions and creations made within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations, which are related to my work undertaken in the original unit or tasks assigned by the original unit.
Units mentioned in Article 6 of the Patent Law include temporary work units;
The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
Accordingly, if your invention is related to your position, it should be a job invention. If it has nothing to do with your position, but you just use some technical conditions of the company, it is not a service invention.
The right to apply for a patent for a service invention-creation belongs to the unit to which the inventor or designer belongs; After the application is approved, the unit is the patentee:
1. Inventions and creations completed by executing the tasks of this unit. In any of the following circumstances, it is a service invention-creation:
1) Inventions and creations completed in their own work;
(2) Inventions and creations completed by completing tasks other than their own work assigned by their own units;
3) Inventions and creations related to one's own work or tasks assigned by the original unit made within one year after resignation, retirement or transfer.
How to judge the service invention created by the unit performing the task mentioned in Article 6 of the Patent Law refers to:
(1) inventions made in their own work;
(2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
Is it a service invention or a non-service invention when applying for a patent? correct
Is the patent application filed six months after leaving the company a service invention? According to Article 6 of the Patent Law of People's Republic of China (PRC), a service invention-creation refers to an invention-creation that an inventor or designer completes the task of his own unit or mainly uses the material and technical conditions of his own unit.
[1] According to Article 12 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (revised 20 10). This article stipulates that the service invention-creation mentioned in Article 6 of the Patent Law refers to:
(a) inventions in their own work;
(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the original unit.
The material conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
According to these three conditions, we can judge whether it belongs to service invention.
When I was in the company, I applied for a patent for my invention. Can I take this patent with me when I leave my job? It depends on what kind of patent you have. You use the company to develop and apply for a patent, so you can't take it away.
Article 6 of China's Patent Law stipulates: "An invention-creation completed by performing the tasks of the entity or mainly using the material and technical conditions of the entity is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail. "
The term service invention-creation as mentioned in Article 6 of the Patent Law refers to:
(1) inventions made in their own work;
(2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
How to define service invention and non-service invention? Article 6 of China's Patent Law stipulates: "An invention-creation completed by performing the tasks of the entity or mainly using the material and technical conditions of the entity is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail. "
The term service invention-creation as mentioned in Article 6 of the Patent Law refers to:
(1) inventions made in their own work;
(2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
An inventor who applies for a patent within one year after leaving his post must be a service invention. The right to apply for a patent for a service invention belongs to the unit to which the inventor or designer belongs. After the application is approved, the unit is the patentee:
1. Inventions and creations completed by executing the tasks of this unit. In any of the following circumstances, it is a service invention-creation:
1) Inventions and creations completed in their own work;
(2) Inventions and creations completed by completing tasks other than their own work assigned by their own units;
3) Inventions and creations related to one's own work or tasks assigned by the original unit made within one year after resignation, retirement or transfer.
What is the difference between the deceleration ratio of service invention and non-service invention patent application? The Measures for the Reduction and Exemption of Patent Fees stipulates that:
Where the patent applicant or patentee is an individual or unit, the prescribed fee shall be reduced by 85%.
Where two or more individuals or units are the same patent applicant or patentee, the prescribed fee shall be reduced by 70%.
Conditions to be met when applying for patent fee reduction and exemption:
If the patent applicant or patentee meets one of the following conditions, he may request China National Intellectual Property Administration to reduce or exempt the above fees:
(1) Individuals whose average monthly income in the previous year was less than 3,500 yuan (42,000 yuan per year);
(2) Enterprises with taxable income of less than 300,000 yuan in the previous year;
(3) Institutions, social organizations and non-profit scientific research institutions.
Where two or more individuals or units are the same patent applicant or patentee, they shall abide by the provisions of the preceding paragraph respectively.
How to turn non-service invention patents into money? Although it is said to be a patented technology, I think that if a patent wants to have a way out, it may be similar to marrying a woman. You can't get married just by hanging a woman's label. This woman must dress herself up and show herself before anyone will marry her. Like this patent, if we can hold a propeller rally like when we invented the propeller, and it is not as troublesome as the video, we can make the prototype look like a scientific product, not a cottage product. I think some manufacturers will take the initiative to find this patent. There are too many patents in China, and there is no good form of expression. Moreover, many of them also lack the theoretical and experimental basis for innovation. More based on their own enthusiasm and dreams. And the estimation of product market is not based on simple investigation, but on subjective imagination. Many patents are not practical enough, there are too many patents, and there is no industrial design as a manifestation of marketization. A good patent is a beauty in itself, and as a result, it will not be dressed as an ugly woman by a good industrial design. No matter how talented you are, there is no good way to make people like you! I think a large part of China's patents are non-service inventions. To find a way out, we must find a way out from the following points: 1. Theoretical and experimental basis should improve the scientific and technological content, so that a good concept and idea and an innovative invention can be supported by a good theoretical demonstration and experimental basis. 2. Have a good prototype to show the advantages of your patented technology and let investors see the prospect of technology. For an updated patented technology, the best example is the competition comparison when the propeller is replaced by the propeller. A good industrial design puts a lovely coat on this patent. This industrial design should be more than just those advertising graphic designs. It should become a part of the patent and give full play to its own advantages. Only in this way can it be a complete product and can it be pushed to the market.