1, untenable ~
The term service invention-creation as mentioned in Article 6 of the Patent Law refers to:
(a) inventions in their own work;
(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;
(3) Inventions and creations made within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations, which are related to my work undertaken in the original unit or tasks assigned by the original unit.
Xu retired 1 year or more when applying for a patent, and this invention can no longer be counted as a service invention.
As an independent person, Xu Can licensed and transferred his invention, so it is legal.
3. The copper claim is untenable.
The relationship between copper mine and Xu's technology implementation license depends on the contract between them. If there is no clear relationship in the contract, the breach of contract has nothing to do with the technology implementation license.
4. Looking at the contract between the copper mine and Xu, if there is no confidentiality clause, it can be considered that Xu has publicly used and popularized the technology before applying for a patent, and has actually applied it in the copper mine, which belongs to public use, so it has lost its novelty and cannot be granted a patent right.