There are two kinds of inventions that can be patented, one is product invention and the other is method invention. The utility model patent only applies to products, not to process methods.
Service inventions are divided into two categories:
1. Inventions and creations completed by executing the tasks of this unit. Include three situations:
(1) Inventions and creations completed 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 work undertaken by myself in the original unit or the tasks assigned by the original unit.
In the third case, a service invention-creation can only be constituted if two conditions are met at the same time: first, the invention-creation must be made within 1 year after the inventor or designer resigns from the original unit; Two, the invention is related to the work undertaken by the inventor or designer in the original unit or the task assigned by the original unit.
2, mainly using the material and technical conditions of the unit to complete the invention. "The material and technical conditions of the unit" refers to the funds, equipment, spare parts, raw materials or technical data that are not disclosed to the public. It is generally believed that if all or most of the company's funds, equipment, spare parts, raw materials and undisclosed technical data are used in the process of invention and creation, this utilization plays an indispensable and decisive role in the completion of invention and creation, which can be considered as mainly utilizing the company's material and technical conditions. 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. Where an invention-creation is made using the material and technical conditions of the entity, 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.
Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC).
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
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The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.