Service invention refers to the service invention completed by the staff of enterprises, institutions, social organizations, state organs and other units. Performing the tasks of the unit or mainly using the material conditions of the unit.
1, divided by the business scope of the unit. In other words, all related inventions within the business scope of this unit are regarded as service inventions. From the point of view of the unit, the purpose of hiring employees is to develop business, and employees have the obligation to work hard for the business development of the unit. Therefore, all inventions and creations completed by employees within the business scope of the unit belong to the performance of their duties.
2, whether the completion of the invention has made use of the material and technical conditions of the unit, as a standard for dividing service inventions and non-service inventions.
3. Whether the time to complete the invention and creation belongs to spare time is the standard to divide the service invention and creation from the non-service invention and creation.
4, whether the unit is established as a standard for dividing service inventions and non-service inventions.
5. According to the post responsibility system and employment contract, take Fan Shi Orange Wei Sen as the division standard. To sum up, many trade unions are now engaged in inventions and creations in their work processes or posts. As a unit, the establishment of the benefit distribution mechanism of service invention can motivate employees. If the invention brings a certain economic cost to the unit, the unit should compensate the employees materially. If the company wants to recycle the invention patent, it needs the authorization of the employees. In this process, it is more important to protect the interests of employees.
Brief introduction of service invention
Service invention refers to the service invention completed by the staff of enterprises, institutions, social organizations, state organs and other units. Performing the tasks of the unit or mainly using the material conditions of the unit.
In the patent law, this relationship is reflected in the attribution of inventions completed by employees, that is, whether the inventions completed by employees are job inventions or non-job inventions. In principle, the solution to this problem should follow the principle of "contract is superior to law", that is, the ownership of the right of invention and creation should be solved first in accordance with the agreement in the labor contract.