1. The inventor or designer of a service-based invention shall be rewarded no less than 100 yuan
1. If the unit to which the patent right is granted has not agreed with the inventor or designer or stipulated in its rules and regulations formulated in accordance with the law, the method and amount of the reward shall be 3 months from the date of announcement of the patent right. Bonuses will be issued to inventors or designers within the period, and the amount of funds is as follows:
(1) The minimum bonus for an invention patent shall be no less than 3,000 yuan;
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(2) The minimum bonus for a utility model patent or design patent is not less than 1,000 yuan.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Seventh Article 17 If the unit to which the patent right is granted has not agreed with the inventor or designer or stipulated in its legally formulated rules and regulations the method and amount of the reward specified in Article 16 of the Patent Law, the unit shall be entitled to the award from the date of announcement of the patent right. Bonuses will be issued to the inventor or designer within 3 months from the date of application. The minimum bonus for an invention patent is not less than 3,000 yuan; the minimum bonus for a utility model patent or design patent is not less than 1,000 yuan.
For inventions and creations completed because the suggestions of the inventor or designer are adopted by the unit to which they belong, the unit that is granted the patent right shall pay preferential bonuses.
2. What rights do inventors or designers of service-based inventions have?
(1) After the invention is completed, the inventor or designer enjoys personal rights. Personal rights mainly have two aspects. First, the inventor or designer enjoys the right of signature, that is, in the patent documentThe right to state that you are the inventor or designer. Second, after the patent right is granted, the inventor or designer has the right to receive rewards, including spiritual rewards and material rewards. This kind of spiritual reward also belongs to personal rights and can take the form of granting a copy of a patent certificate, a medal, giving praise, etc. These personal rights belong to the inventor or designer and are inseparable from his or her person. Therefore, they cannot be transferred or inherited, nor can anyone usurp or plagiarize them.
(2) The inventor or designer also enjoys certain property rights. This property right is expressed as material rewards, which can be bonuses or other forms of material benefits. Material rewards are issued in two stages: after the patent right is granted, the owner or holder of the patent right shall pay funds to the inventor or designer; if the unit implements or licenses other units or individuals to implement, the unit shall pay an after-tax fee. Different proportions of the profits are paid to the inventor or designer as a reward (called one reward and two rewards). The inventor or designer has worked hard to create an invention and made a contribution to society, so he should be rewarded. This is in line with the socialist principle of distribution according to work and is conducive to mobilizing the enthusiasm of scientific and technological personnel and employees to engage in invention and creation.
According to the provisions of the "Patent Law Implementing Rules", the unit granted the patent right has not agreed with the inventor or designer nor has it established the rules and regulations in accordance with the law. If the method and amount of rewards specified in the application are provided, funds shall be provided to inventors and designers. The funds for invention patents shall not be less than 3,000 yuan; for utility model or design patents, the funds shall be no less than 1,000 yuan. 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.
