Definition of service invention patent

Legal analysis: all patents within one year after leaving the company are service inventions. 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.

Legal basis: Copyright Law of People's Republic of China (PRC).

Article 16 The publication, performance and production of audio-visual products from the adaptation, translation, annotation, collation and assembly of existing works shall obtain the permission of the copyright owner of the work and the copyright owner of the original work, and pay remuneration.

Article 18 A work created by a natural person after completing a task organized by a legal person or an unincorporated person is a job work. Except as stipulated in the second paragraph of this article, the copyright belongs to the author, but the legal person or unincorporated organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit. In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by a legal person or an organization without legal personality, which may reward the author:

(1) Engineering design drawings, product design drawings, maps, schematic diagrams, computer software and other job works created mainly by using the material and technical conditions of a legal person or an unincorporated organization, which are under the responsibility of the legal person or an unincorporated organization;

(2) Professional works created by staff of newspapers, periodical agencies, news agencies, radio stations and television stations;

(3) Job works whose copyright is enjoyed by legal persons or unincorporated organizations according to laws, administrative regulations or contracts.