1. Service inventions
Service inventions are inventions and creations that are completed while performing the tasks of the unit or mainly by utilizing the material and technical conditions of the unit. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee. 2. Non-service inventions?
The right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee. 3. How to define service inventions and non-service inventions?
1. Article 6 of my country’s Patent Law stipulates: “Performing the tasks of the unit or mainly using the material and technical conditions of the unit. The invention-creation is a service invention-creation. The right to apply for a patent for a service-based invention-creation belongs to the unit; after the application is approved, the unit is the patentee.
The right to apply for a patent for a non-service invention-creation belongs to the inventor. or the designer; after the application is approved, the inventor or designer is the patentee.
For inventions and creations completed using the unit’s material and technical conditions, the unit has a contract with the inventor or designer. If there is an agreement on the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
2. The term "service inventions and creations completed in the execution of the tasks of the unit" as mentioned in Article 6 of the "Patent Law" refers to the service inventions and creations completed by the unit. :
(1) Inventions and creations made in the course of one's own work;
(2) Inventions and creations made in the performance of tasks other than one's own work assigned by the unit;
(3) Inventions made within one year after retirement or transfer from the original unit or the termination of labor or personnel relations, and related to the work performed by the original unit or the tasks assigned by the original unit.
3. The unit referred to in Article 6 of the Patent Law includes temporary work units; the material and technical conditions of the unit referred to in Article 6 of the Patent Law refer to the unit’s funds, equipment, spare parts, Raw materials or technical information not disclosed to the public, etc.