According to the provisions of Article 6 of the Patent Law, an invention-creation that performs the tasks of the entity or mainly uses the material and technical conditions of the entity is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the inventor or designer shall be the patentee. Where there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.
In other words, judging whether it is a service invention should be based on the premise of "there is an agreement to follow its agreement". If there is no agreement, the invention completed by the employee belongs to the service invention under any of the following circumstances:
(1) Inventions and creations completed in their own work;
(2) Inventions and creations made by completing tasks other than their own work entrusted by their own units.
(3) Inventions and creations made within one year after retirement, transfer from the original unit or termination of labor and personnel relations related to the work undertaken by himself or the tasks assigned by the original unit;
(4) Inventions and creations that mainly utilize the material and technical conditions of their own units. The material and technical conditions of the unit mentioned here refer to funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public.
In addition, unless otherwise agreed, the right to apply for a patent for an invention-creation completed by two or more units or individuals belongs to the unit or individual that completed it or jointly completed it; After the application is approved, the applicant unit or individual shall be the patentee.
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