[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 a unit mentioned in Article 6 of the Patent Law refer to funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public.
According to these three conditions, we can judge whether it belongs to service invention.