1. How to prove that it is not a service invention?
Determine whether it is A service invention will be determined based on whether it utilizes the material and technical conditions of the unit and whether it is a relevant invention within the business scope of the unit. If the employee invents the item after receiving an entrustment from the unit, it is a service invention, then the service invention The ownership also belongs to the unit, so the unit can also give the inventor certain material rewards.
1. Divide based on the business scope of the unit. That is, all relevant inventions and creations within the business scope of the unit are considered to be service inventions. From the perspective of the unit, the purpose of hiring employees is to develop its business, and employees have the obligation to work hard to develop the unit's business. Therefore, all inventions and creations completed by employees within the scope of the unit's business are performance of duties.
2. Whether the material and technical conditions of the unit are used to complete the invention shall be used as the criterion for classifying duty and non-duty inventions and creations.
3. Whether the time for completing the invention and creation is spare time shall be used as the criterion for classifying duty and non-duty inventions and creations.
4. Whether the unit has approved the project is the criterion for classifying service and non-service inventions.
5. The classification criteria shall be based on the job responsibility system and the scope agreed upon in the employment contract.
Non-service inventions refer to inventions completed by staff of enterprises, institutions, social groups, and state agencies outside of their duties without utilizing the material conditions of the unit. create. Or if the inventor or designer takes advantage of the material conditions of the unit, but has a contract with the unit and stipulates that the right to apply for a patent and the ownership of the patent right belong to the inventor or designer, the agreement shall be followed and the ownership of the patent right shall belong to the inventor or designer. designer.
Service inventions and creations refer to:
(1) Made in the course of one’s own job inventions and creations;
(2) Fulfill this orderInventions and creations made within 1 year after resignation, retirement or transfer of work;
(3) Inventions and creations made within one year after resignation, retirement or transfer of work shall be regarded as Inventions and creations related to the work performed by the original unit or the tasks assigned by the unit.
2. Who owns the patent rights for non-service inventions?
As for the ownership of patent rights for non-service inventions, according to the relevant laws of our country: For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer. No unit or individual may suppress an inventor or designer's application for a patent for a non-service invention.
After the application is approved, the inventor or designer is the patentee. If a non-service invention-creation is jointly completed by two or more inventors or designers, the person who completed the invention-creation is called a co-inventor or co-designer.
The patent application rights and patent rights obtained for joint inventions and creations are jointly owned by all co-owners. 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 becomes the patentee.
[Warm Tips]General legal issues hide complex disputes, and the losses that may result if not handled properly are immeasurable. of. The lawyer recommends that you describe in detail the legal disputes and needs you encounter. The professional lawyers on the Hualu platform will answer your questions one-on-one and provide detailed solutions.
