1. Are there rewards for inventors of service inventions
1. Basis According to the relevant laws of our country, the unit that is granted the patent right shall reward the inventor or designer of the service invention and creation. If the patent is promoted and achieves economic benefits, the inventor shall be given reasonable remuneration.
2. Legal provisions: "Patent Law of the People's Republic of China"
Execution of Article 6 The inventions and creations that are the tasks of this unit or are mainly completed by utilizing the material and technical conditions of this unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee.
For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.
For inventions and creations completed using the material and technical conditions of the unit, the unit has a contract with the inventor or designer, and the right to apply for a patent and the patent rights If there is an agreement on ownership, the agreement shall prevail.
Article 16 The unit granted the patent right shall reward the inventor or designer of the service invention-creation; after the invention-creation patent is implemented, according to its promotion Based on the scope of application and the economic benefits achieved, reasonable remuneration will be given to the inventor or designer.
2. How to identify professional works
The following aspects should be considered when identifying professional works:
1. The author of the work is a legal person or other organization staff, that is, the author has a labor relationship with the unit, and the author has the right to receive regular payments from the unitLabor remuneration, enjoy the working conditions provided by the unit for staff, and at the same time accept the tasks arranged by the unit within the scope of the labor contract, and accept the necessary supervision and guidance from the unit on work.
2. The creative work is a work task proposed by a legal person or other organization based on the nature of the unit.
3. The creative work should fall within the scope of the author's responsibilities. The unit assigns the author to complete certain works outside the scope of the author's responsibilities and within the unit's normal business. , unless there is a new agreement between the two parties, it is not a statutory work work.
4. The work is basically created according to the author's own will, rather than according to the will of the unit. If the work is created according to the will of the unit, it is not a job work but a work of the unit, that is, the unit should be regarded as the author's work.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant provisions of our country’s laws, the unit that is granted the patent right shall be responsible for the inventions created by the service invention. If the inventor or designer is rewarded and economic benefits are obtained after the patent is promoted, the inventor should be given reasonable remuneration. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
