Article 6 An invention-creation made by performing the tasks of the entity or mainly using 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 entity; After the application is approved, the entity shall be the patentee.
in the case of an invention-creation completed by utilizing the material and technical conditions of the entity, if the entity has entered into a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
Article 16 A unit that has been granted a patent right shall reward the inventor or designer of a service invention-creation; 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.
Article 12 The term "service invention-creation" as mentioned in Article 6 of the Patent Law refers to:
(1) inventions made in the course of one's own work;
(2) inventions and creations made by performing tasks other than their own jobs entrusted by the unit;
(3) inventions and creations made within one year after retirement, transfer from the original unit or termination of labor and personnel relations, which are related to their own work undertaken in the original unit or tasks assigned by the original unit.
the unit mentioned in article 6 of the patent law includes temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
article 76 a unit that has been granted a patent right may agree with the inventor or designer or stipulate in its rules and regulations formulated according to law the way and amount of rewards and remuneration as stipulated in article 16 of the patent law.
The rewards and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the provisions of the relevant state financial and accounting systems.
article 77 where a unit granted a patent right has not agreed with the inventor or designer, and has not stipulated in its rules and regulations formulated according to law the way and amount of the award stipulated in article 16 of the patent law, it shall give the inventor or designer a bonus within 3 months from the date of announcement of the patent right. The bonus for an invention patent shall be at least 3, yuan; The bonus for a patent for utility model or design shall be at least not less than that of 1 yuan.
where an invention-creation is completed because the suggestion of the inventor or designer is adopted by the unit to which it belongs, the unit that has been granted the patent right shall give a bonus from the superior.
article 78 if the unit granted a patent right has not agreed with the inventor or designer or stipulated the way and amount of remuneration as stipulated in article 16 of the patent law in its rules and regulations formulated according to law, within the validity period of the patent right, after the invention-creation patent is implemented, it shall extract not less than 2% of the business profit from the implementation of the invention or utility model patent or not less than .2% of the business profit from the implementation of the design patent every year as remuneration to the inventor or designer, or give it to the inventor with reference to the above ratio. Where a unit that has been granted a patent right licenses other units or individuals to exploit its patent, it shall extract not less than 1% of the collected royalties as remuneration to the inventor or designer.
all the above are the provisions of the patent law and the detailed rules for the implementation of service inventions and related awards.
first of all, as upstairs said, you must first judge whether your invention is a service invention. If so, you should consider what your company's policy on service invention is, because there is a saying: formulate relevant policies according to law. That is to say, it depends on how your company has relevant incentive policies for service inventions. If not, there is also the issue of royalty for implementation, transfer, licensing and other expenses. It's not just 3.