2. Non-service inventions: Non-service inventions refer to inventions made by employees of enterprises, institutions, social organizations and state organs without taking advantage of the material conditions of their own units. For non-service inventions, the right to apply for a patent belongs to the inventor or designer. No unit or individual may suppress an inventor or designer's application for a patent for a non-service invention-creation. After the application is approved, the inventor or designer shall be the patentee.
Non-service invention-creation should meet two conditions:
(1) Whether to carry out the task of the unit, and the invention-creation engaged in is not the specified task of the unit.
(2) It is an invention and creation that is completed without using the material and technical conditions provided by the unit.