Article 6 of the new Patent Law: An invention-creation made by performing the tasks of the entity or mainly utilizing 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 entity shall be the patentee. Where an invention-creation completed by making use of the material and technical conditions of the entity 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. According to the Patent Law, if the patent application is rejected after substantive examination, the patent administrative department of the State Council shall make a decision to grant the patent right and issue a patent certificate. 199265438+February 3 1 The protection period of the invention patent applied before is fifteen years from the date of application, and the protection period of the utility model and design patent is five years from the date of application. Before the expiration, the patentee may apply for an extension of three years. 1 99365438+1October13 now, the protection period of invention patent right is 20 years from the date of application, and the protection period of utility model and design patent right is 10 year from the date of application.
Legal objectivity:
"Copyright Law of People's Republic of China (PRC)" Article 16 A work created by a citizen to complete the task of a legal person or other organization belongs to a job work. Except in the circumstances specified in the second paragraph of this article, the copyright belongs to the author, but the legal person or other organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit. In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by legal persons or other organizations that can reward the author: (1) Works design, product design, maps, computer software, etc. It is mainly created by using the material and technical conditions of a legal person or other organization, and the legal person or other organization is responsible for it; (2) to hold a position in which a legal person or other organization enjoys copyright as stipulated by laws, administrative regulations or agreed in the contract.