How to identify service patents

When an invention patent is used, it should be determined whether it is a service patent or a non-service patent, because these two are very important to the ownership of the Patent rights. So how should we identify the service patent? Let’s see the editor of Legal Savior Network compiled the following relevant information the provisions of the law.

How to identify service patents

The Patent Law stipulates that inventions and creations completed by performing the tasks of the unit or mainly utilizing the material and technical conditions of the unit Inventions and creations for the purpose of employment. The patentee and patentee of a service invention are entities. The patentee and patentee of a non-service invention-creation are the inventor or designer.

At the same time, even if the inventor or designer uses the material and technical conditions of the unit to complete the invention, if he and the unit apply for a patent Make an agreement on the ownership of the rights and patent rights, and identify the right holder in accordance with the agreement.

The Implementing Regulations of the Patent Law further explain that Article 6 of the "Patent Law" refers to service inventions and creations completed by performing the tasks of the unit. , refers to:

(1) Inventions and creations made in the course of one's own work;

(2) Inventions and creations made by performing tasks other than the duties assigned by the unit;

(3) Inventions and creations made within one year after resigning, retiring or transferring work, and related to the work undertaken by the person in the original unit or the tasks assigned by the original unit.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.