What rights does the inventor of a service invention enjoy?

Service inventors and designers shall enjoy the following rights:

1. The inventor or designer of the service patent has the right to declare himself as the inventor or designer of the patent in the patent document;

2. Job inventors and designers can get necessary bonuses and remuneration;

3. Inventors or designers can also declare scientific research achievement awards according to the provisions of the Regulations on Invention Awards, which can be used as the basis for promotion of technical titles or exceptions, and can also be used as the basis for job promotion. According to Articles 6 and 16 of China's Patent Law, if the right to apply for a patent for a service invention-creation belongs to a unit, the inventor or designer has the right to receive rewards and remuneration.

The inventor or designer may sign a contract with the unit to stipulate the reward and remuneration, and the unit may also stipulate the acquisition of the reward and remuneration in its articles of association; Where there are no provisions in the contract and the rules of the unit, the unit shall reward and reward the inventor and designer in accordance with the relevant provisions of the detailed rules for the implementation of the patent law.

Extended data:

Service invention regulations

Chapter II Ownership of Invention Rights

Article 7 The following inventions belong to service inventions:

1, inventions made in the course of one's own work;

2. Complete tasks assigned by units other than their own jobs;

3. Inventions and creations made within one year after retirement, transfer from the original unit or dissolution of labor and personnel relations related to the work undertaken by myself or the tasks assigned by the original unit, except as otherwise provided by the state for new plant varieties;

4. Inventions and creations mainly made use of the funds, equipment, spare parts, raw materials or technical materials of the entity, except that it is agreed to return the funds or pay royalties, or only use the material and technical conditions of the entity for verification or test after completion.

Article 8 For a service invention-creation, the entity has the right to apply for intellectual property rights for protection or publicity as a technical secret, and the inventor enjoys the right of authorship and the right to receive remuneration. For non-service inventions, inventors enjoy the right of signature and the right to apply for intellectual property rights or to protect or disclose them as technical secrets.

Article 9 A unit and an inventor may agree on the ownership of the right to apply for intellectual property rights, the right to protect technical secrets or the right to publicity of inventions and creations related to the business of the unit; If there is no agreement, the provisions of this chapter shall apply.

Baidu Encyclopedia-Patent Law

Baidu Encyclopedia-Regulations on Service Invention