Can an individual transfer the patent for service invention?
The patent right of service invention belongs to the unit, which can be transferred, but it does not belong to the individual. According to China's patent law, inventions made by performing the tasks of the unit or mainly using the material and technical conditions of the unit belong to service inventions. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee. The above-mentioned "units" include temporary work units; "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. The service inventions and creations completed in the execution of the tasks of the unit refer to: (1) inventions and creations made in the course of one's own work; (2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity; (3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the original unit. For an invention-creation completed by using standard material and technical conditions, if the unit 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.