The rights and interests of the inventor or designer of a service invention-creation include: the unit that has been granted the patent right shall give rewards and give reasonable remuneration after the invention-creation is implemented; At the same time, the state encourages the adoption of equity, options and dividends. , so that inventors or designers can share the benefits of innovation reasonably. The following are the rights and interests of the inventors or designers of service inventions, hoping to help you!
1. What are the rights and interests of the inventor or designer of the service invention-creation?
1. The rights and interests of the inventor or designer of a service invention-creation are as follows:
(1) The unit that has been granted the patent right shall be rewarded. After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.
(2) The State encourages units that have been granted patent rights to implement property rights incentives by means of equity, options and dividends. , so that inventors or designers can share the benefits of innovation reasonably.
2. Legal basis: People's Republic of China (PRC) Patent Law.
Fifteenth units that have been granted patent rights shall reward the inventors or designers of service inventions and creations; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.
The state encourages units that have been granted patent rights to implement property rights incentives by means of equity, options and dividends. , so that inventors or designers can share the benefits of innovation reasonably.
Second, the classification of service inventions
(a) one is the invention and creation completed by the execution of the tasks of the unit. Including the following three situations:
(1) Inventions and creations completed by inventors in their own work; According to the labor contract signed between the laborer and the employer, the employer has the obligation to pay the laborer, and it is the basic obligation of the laborer to complete the labor tasks within the scope of the contract, so the labor achievements created by the laborer at this time should be owned by the employer.
(2) Inventions and creations completed by executing tasks related to their own jobs delivered by their own units; In real life, the staff of the unit not only have to undertake the work within their own work scope, but also accept the tasks entrusted by the unit outside their own work, so there are two different ways to understand the term "unit task" in the law. Tasks other than those assigned by the executive unit usually refer to short-term or temporary tasks assigned by the unit, such as cooperative development, organizing research, accepting research commission, etc. The completion of these tasks is closely related to the macro guidance of the unit, the formulation of specific plans, the commitment of responsibilities and the necessary material conditions, so they should belong to service inventions.
(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 unit.
(2) The other category is inventions and creations mainly made use of the material conditions of the unit (including funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public); However, 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.
If the employer authorizes employees to exploit the service invention patent, its ownership shall also belong to the unit, and the authorized unit may agree with the inventor to pay the corresponding incentive fee in advance. If both parties have disputes over the ownership of service inventions, they can solve them not only by bringing a lawsuit, but also by the Intellectual Property Office.
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