* * * With R&D, one of them wants to take a patent for private use. How can we stop it?

for a service invention-creation, the subject of the patent right is the unit where the inventor or designer of the invention-creation belongs. The invention-creation by taking advantage of one's position refers to the invention-creation accomplished by carrying out the tasks of one's own unit or mainly using the material and technical conditions of one's own unit. The "units" mentioned here include domestic enterprises of various ownership types and properties, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises in China; In terms of labor relations, it includes both fixed work units and temporary work units.

There are two types of service inventions:

1. Inventions and creations completed by performing the tasks of the unit. Including three situations: (1)

patented

inventions made in the course of one's own work; (2) Inventions and creations made by performing tasks other than their own jobs delivered by the unit; (3) Inventions and creations made within one year after resignation, retirement or transfer, which are related to their own jobs or tasks assigned by their original units. In case (3), only two conditions are met at the same time to constitute a service invention-creation: first, the invention-creation must be made within one year after the inventor or designer resigned from the original unit or transferred to work; Second, the invention is related to the work undertaken by the inventor or designer in the original unit or the tasks assigned by the original unit.

2. Inventions and creations mainly made use of the material and technical conditions of the unit. "The material and technical conditions of the unit" refers to the funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public. It is generally believed that if all or most of the company's funds, equipment, spare parts, raw materials and technical data that are not disclosed to the public are used in the process of invention and creation, this utilization plays an indispensable and decisive role in the completion of invention and creation, and it can be considered as mainly using the material and technical conditions of the company. If only a small amount of material and technical conditions of the unit are used, and the use of such material conditions is irrelevant to the completion of the invention, it cannot be considered as a service invention. For the invention-creation made by using the material and technical conditions of the unit, if the unit has 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.