Can relatives of service inventions apply for patents
Relatives of service inventions cannot apply patent. The right to apply for patents for service inventions and creations belongs to the job unit, and individuals cannot apply for patents.
"Patent Law" Article 6 stipulates: Inventions and creations that are completed in the performance of the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions. 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 inventions and creations completed by utilizing the material and technical conditions of the unit, the unit has a contract with the inventor or designer, and the applicant shall If there is an agreement on the ownership of rights and patent rights, the agreement shall prevail.
In fact, from the above analysis, we can see that in our country, if I belong to the service invention type, the patent often belongs to the unit to which the job belongs, and should not Applications are made by individuals, which means that even parties involved in service inventions cannot apply for the patent, let alone their relatives. If you encounter a patent being applied for, you can contact a lawyer. The Legal Savior Network also provides online consultation with lawyers. Services, you are welcome to make legal consultations.
