1. What are the conditions for the establishment of a service invention?
1, inventions made in their own work;
2. Inventions and creations made by performing tasks other than those assigned by the unit;
3. Inventions and creations related to my work in the original unit or tasks assigned by the original unit made within 1 year after retirement, transfer from the original unit or termination of labor and personnel relations;
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. Although the work unit of the inventor or designer is the patent applicant and patentee of the service invention-creation, the rights with personal attributes in the patent still belong to the inventor or designer, such as the right of signature. In addition, in order to motivate inventors and designers, China's patent law also gives inventors and designers the right to enjoy honor and spiritual rewards and the right to receive material rewards, and correspondingly stipulates the obligations of the unit where the inventor or designer works.
Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed in cooperation with two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.
Second, what are the rights and obligations of the unit to work?
1, patent application right.
Compared with non-service inventions, the employer's right is embodied in mastering the patent application right of employees' inventions, that is, the unit has the right to decide whether to apply for a patent. If a unit applies for and is approved, it will become the patentee, and it can obtain full power to exercise the patent right; However, if the unit gives up the right to apply for a patent, then the invention will naturally not become a non-service invention, but should be used by the public as social public wealth. That is, as long as the invention meets the basic conditions of the word "position", the unit becomes the right holder. No matter whether the right to apply for a patent is exercised or not, the original inventor or designer shall not exercise the patent right for the service invention-creation.
2. Obligation to reward or repay inventors
This obligation of the unit is basically consistent with the content of the inventor's right to receive rewards or remuneration.
To sum up, employees will make use of the unit conditions to make some inventions in their work, and they need to meet certain conditions before they can identify service inventions. These conditions include inventions made by employees in the unit by taking advantage of their positions, or inventions made by taking advantage of the material conditions of the unit or performing tasks other than work. After the service invention is completed, the entity shall declare the patent and become the patentee.