Patents are developed together.

For service invention-creation, the subject of patent right is the unit where the inventor or designer of the invention-creation belongs. The invention-creation by taking advantage of one's position refers to the invention-creation accomplished by performing the tasks of one's own unit or mainly using the material and technical conditions of one's own unit. The "units" mentioned here include domestic enterprises of various ownership types and properties, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises; In terms of labor relations, it includes both fixed work units and temporary work units.

Service inventions are divided into two categories:

1. Inventions and creations completed by executing the tasks of this unit. Including three situations: (1) made in the course of their own work.

patent

Invention and creation; (2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit; (3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the work undertaken by myself in the original unit or the tasks assigned by the original unit. In the third case, a service invention-creation can only be constituted if two conditions are met at the same time: first, the invention-creation must be made within 1 year after the inventor or designer resigns from the original unit or transfers his job; Two, the invention is related to the work undertaken by the inventor or designer in the original unit or the task assigned by the original unit.

2. Inventions and creations mainly make use of the material and technical conditions of the unit. "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. It is generally believed that if all or most of the company's funds, equipment, spare parts, raw materials and undisclosed technical data are used in the process of invention and creation, this utilization plays an indispensable and decisive role in the completion of invention and creation, which can be considered as mainly utilizing the company's material and technical conditions. If only a small amount of material and technical conditions of the unit are used, and the use of such material conditions has nothing to do with the completion of the invention, it cannot be regarded as a service invention. Where an invention-creation is made using the material and technical conditions of the entity, 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.