The 2023 Patent Law stipulates who owns the patent rights for service inventions and creations

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 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. Regarding the question of who owns the patent rights for service-based inventions and creations under the Patent Law, the editor of Legal Savior Network will give you a detailed answer below.

1. The Patent Law stipulates who owns the patent rights for service inventions

1 , The ownership of patent rights for service inventions and creations is as follows:

(1) The right to apply for patents for service inventions and creations belongs to the unit. After the application is approved, the unit shall be the patent owner. Right holder

(2) 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 patent owner rights holder.

(3) 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 right to apply for a patent and If there is an agreement on the ownership of the patent right, the agreement shall prevail.

2. Legal basis: "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. The unit may dispose of the right to apply for patents and patent rights for its service-based inventions and creations in accordance with the law, and promote the implementation and application of relevant inventions and creations.

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 unit's material and technical conditions, 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.

2. What are the rights and obligations of the patentee?

1. Rights of the patentee:

(1) Oneself The right to implement its patent means that it has the right to manufacture, use, sell, offer to sell and import its patented products or use its patented methods.

(2) The right to license others to implement their patents. The licensee obtains the corresponding patent implementation rights and pays patent royalties to the patentee.

(3) The right to prohibit others from exploiting the patent. Without the permission of the patentee, no unit or individual may exploit the patent, that is, it shall not be used for production purposes. Manufacture, use or sell its patented products or use its patented methods for business purposes.

(4) The right to request protection.

(5) The right to transfer patent rights.

(6) The right to indicate the patent right on the product. The patentee has the right to indicate the patent mark and patent number on its patented product or the packaging of the product. .

2. Obligations of the patentee:

(1) Fully disclose the content of the invention Obligation, the Patent Law stipulates that the scope of protection of an invention or utility model patent shall be based on the content of its claims, and the description and drawings may be used to explain the claims.

(2) Obligation to pay annual fees. The patentee shall pay annual fees starting from the year when the patent right is granted.

According to the provisions of the Patent Law, inventions and creations that are completed while performing the tasks of the unit or mainly using 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. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.