The 2023 Patent Law stipulates who owns the rights to non-service inventions and creations

According to the provisions of the Patent Law, for non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the patent application is approved, the inventor or designer is the patentee. Regarding the question of who owns the rights to non-employment 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 rights to non-service inventions

1. Non-service inventions refer to inventions and creations made by staff of enterprises, institutions, social groups, and state agencies outside of their duties without utilizing the material conditions of the unit. 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.

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. How to distinguish between service inventions and non-service inventions

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The distinction between service inventions and non-service inventions mainly lies in two aspects:

One: Whether to perform the work tasks of the unit.

Includes three situations:

① Engage in the research and design of inventions and creations completed by the job;

② In addition to performing the job assigned by the unit Inventions and creations made based on the tasks of the person. Although they are not engaged in research and design for their own work, they are assigned by the unit to participate in research and design. In this case, the unit often expects them to achieve the results of inventions and creations, and provides materials, Technical conditions, time for research and design, opportunities for study, inspection, further education, convenience for participating in academic discussions, technical exchanges, etc.;

③ Retirement, retirement or job transfer Inventions and creations made within the last year related to their own work or assigned tasks in the original unit. This is because inventions and creations, as information technology, have diverse carriers, including people who participate in research and design. The human brain is as The carrier stores information during the period of employment. Information such as resignation, retirement, or transfer of work for a short period of time is still effective. Therefore, the completion of research and designs that have been started or even nearly completed at that time should be classified as service inventions.

Second: Whether to use the material conditions of the unit.

According to the provisions of the Patent Law, 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. 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 Network to consult a professional lawyer.