Although the patent application right and patent right for service invention-creation are owned by the unit, the service inventor and designer still enjoy the following rights: (1) The inventor and designer of service patent has the right to clearly state that he is the inventor and designer of the patent in the patent document; (2) Job inventors and designers can get necessary bonuses and remuneration; (3) Inventors or designers may also declare scientific research achievement awards according to the Regulations on Invention Awards, which can be used as the basis for promotion of technical titles or abnormality, and can also be used as the basis for job promotion.
Legal objectivity:
To clarify the concept of service invention, we must clearly define three concepts: "our own unit", "carrying out our own tasks" and "material and technical conditions". Article 11 of the Detailed Rules for the Implementation of the Patent Law stipulates that "the service invention-creation completed by performing the tasks of the entity 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 accomplished by performing tasks other than their own duties entrusted by the entity; (3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the original unit. Units mentioned in Article 6 of the Patent Law include 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. " 1. According to the detailed rules, the so-called "unit" refers not only to the inventor's fixed work unit. As long as there is a temporary employment relationship with the inventor, it is the "unit" mentioned in Article 6 of the Patent Law. It can be seen that in a specific period, the same inventor can belong to different units, and there is no contradiction. 2. "Carrying out the tasks of this unit" includes inventions and creations in one's own work; Inventions and creations completed by performing tasks other than their own jobs delivered by their own units; Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the work undertaken by myself in the original unit or the tasks assigned by the original unit. So it doesn't mean that only inventions made during the working hours of the unit are service inventions. Even inventions made in spare time, as long as they meet any of the above conditions, belong to service inventions, and the right to apply for a patent and the authorized patent right belong to the unit. 3 "Material and technical conditions" refers to funds, equipment, spare parts, raw materials or technical data that are not disclosed to the public. Article 326 of the Contract Law stipulates that "post-technical achievements refer to the technical achievements achieved by performing the tasks of legal persons or other organizations, or mainly using the material and technical conditions of legal persons or other organizations. This provision also involves the concept of "material and technical conditions". " Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Technical Contract Disputes stipulates that "mainly using the material and technical conditions of legal persons or other organizations" as mentioned in the second paragraph of Article 326 of the Contract Law means that employees use all or most of their own funds, equipment, equipment or raw materials in the process of completing the research and development of technological achievements, or the substantive content of the technological achievements is based on undisclosed technological achievements, staged technological achievements or key technologies of the legal persons or other organizations. However, unless the material and technical conditions provided by legal persons or other organizations are used, it is agreed to return funds or pay royalties. In the process of research and development, it is not the main use of the material and technical conditions of a legal person or other organization to make use of the technical information that has been made public by the legal person or other organization or that is familiar to ordinary technicians in this field, or to verify and test the technical scheme by using the material conditions of the legal person or other organization after the technical achievements are completed. The supplementary provisions of the Supreme Court stipulate the concept of "material and technical conditions" from both positive and negative aspects. From the front, material and technical conditions refer to the funds, equipment, equipment or raw materials of legal persons or other organizations, or undisclosed technical information necessary to complete related inventions. On the other hand, the technical information known in this field and the verification and test of the completed technical scheme by using the material conditions of legal persons or other organizations do not belong to the material and technical conditions of legal persons or other organizations. At the same time, whether or not the material and technical conditions of legal persons or other organizations are mainly used, it is not within the scope of service invention to agree in advance to return funds or pay royalties. That is to say, inventors and units can solve the problem of attribution of invention achievements by concluding relevant contracts in advance. Pay insufficient attention to the position and role of service inventors. Our country adopts the principle that the employing unit gives priority to service inventions, and the patent law stipulates that the right to apply for a patent for service inventions belongs to the employing unit. As a result, on the one hand, employers directly control the patent application right of service inventions, ignoring the rights and functions of employees; On the other hand, because the service inventor has no right to apply, he is not responsible for the innovation of the results. Appropriately narrow the scope of service invention. Determine the application scope of service invention based on job contract and entrustment contract, leaving more room for employees to create freely; The third is to standardize the salary reward system for inventors in public institutions and implement the incentive mechanism for inventors. Formulate special supplementary laws and regulations to refine the remuneration and income distribution methods for job inventors in state-owned and government-funded scientific research institutions. State-owned enterprises and institutions should break the egalitarian concept and effectively establish an incentive mechanism for job inventors.