An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. 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. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee. Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.
1. The "units" mentioned in this article include state organs, organizations, armed forces, enterprises, institutions and private non-enterprise units. Inventors and designers are natural persons who complete inventions through their own wisdom and talents. The inventors and designers mentioned in this paper refer to those who have made creative contributions to the essential features of invention and creation, that is, those who have completed the invention of products and methods or the technical scheme of utility models and designs through their own intellectual labor. Legal persons or other organizations can become patents.
2. The right to apply for a patent for a service invention-creation belongs to the unit where the inventor or designer works; After the application is approved, the unit is the patentee:
1. Inventions and creations completed by executing the tasks of this unit. In any of the following circumstances, it is a service invention-creation:
1) Inventions and creations completed in their own work;
(2) Inventions and creations completed by completing tasks other than their own work assigned by their own units;
3) Inventions and creations related to one's own work or tasks assigned by the original unit made within one year after resignation, retirement or transfer.
2. Inventions and creations mainly make use of the material and technical conditions of the unit. The material conditions of the unit mentioned here include the use of funds, instruments, equipment and raw materials. ; Technical status, including undisclosed technical data of the unit, etc. Inventors and designers mainly use the material and technical conditions of their own units to complete their inventions. Although it does not belong to the task performed by this unit, it should also be regarded as a service invention creation, and the right to apply for a patent and the patent right belong to this unit. However, unless otherwise stipulated in the third paragraph of this article.
3. Except for the service invention-creation specified in the first paragraph of this article, the invention-creation completed by the inventor or designer belongs to the non-service invention-creation, and the right to apply for a patent and the patent right after the application is approved belong to the inventor or designer.
Four. Patent ownership agreement. In accordance with the provisions of the first paragraph of this article, inventions made mainly by using the material and technical conditions of the unit belong to service inventions in principle, and the right to apply for a patent and the patent right belong to the unit after the application is approved. However, if an inventor or designer who has made use of the material and technical conditions of his own unit to complete an invention-creation has entered into a contract with his own unit to stipulate the ownership of the right to apply for a patent and the patent right, the ownership of the right to apply for a patent and the patent right shall be determined in accordance with the provisions of the third paragraph of this article and the agreement of both parties.