The definition and determination conditions of service inventions in my country:
Service inventions refer to employees of enterprises, institutions, social groups, state agencies, etc. who perform the tasks of their own units or mainly use Service inventions and creations completed by the unit's material conditions. If it falls under any of the following circumstances, it is a service invention-creation:
1. An invention-creation made by the inventor or designer in the course of his or her job.
2. Inventions and creations completed by performing tasks other than the duties assigned by the unit.
3. Inventions and creations made within one year after resigning, retiring or transferring work that are related to the work undertaken by the person in the original unit or the tasks assigned by the unit.
Service inventions refer to service inventions and creations that are completed by staff of enterprises, institutions, social groups, state agencies, etc., when they perform the tasks of their own units or mainly by utilizing the material conditions of their own units. In patent law, this relationship is embodied in the issue of ownership of rights for inventions and creations completed by employees, that is, whether the inventions and creations completed by employees are service inventions or non-service inventions and creations.
The role of service inventions
The relationship between a service inventor and his or her employer is a labor contract relationship, which in capitalist countries is the relationship between an employee and an employer. In patent law, this relationship is embodied in the issue of ownership of rights for inventions and creations completed by employees.
That is, whether the invention-creation completed by the employee is a service invention or a non-service invention-creation. In principle, the solution to this issue should follow the principle that contracts are superior to law, that is, issues related to the ownership of inventions and creations should first be resolved in accordance with the provisions of the labor contract.