Does an employer have the right to apply for a service invention?

A patent is protected by law after it is granted patent rights. If you want to apply for patent registration, you need to submit the corresponding materials for review and approval by the patent management department. So, does the right to apply for a service invention come from the employer? Below, the editor of Legal Savior Network will provide readers with relevant answers.

Does an entity have the right to apply for a service invention?

Applying for a patent for a service invention The rights belong to the unit; after the application is approved, the unit is the patentee, and the non-service patent application right belongs to the inventor.

"People's Republic of China Patent Law Article 6: Inventions and creations that are completed while performing 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 non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the invention The person or designer is the patentee.

For inventions and creations completed using the unit’s material and technical conditions, the unit has a contract with the inventor or designer, and the unit shall not apply for a patent. If there is an agreement on the ownership of rights and patent rights, the agreement shall prevail.

The above knowledge is the editor’s answer to relevant legal issues. The right to apply for a patent for employment inventions and creations belongs to the unit; after the application is approved, the unit is the patent The right holder, and the non-service patent application right is the inventor. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.