What are the concepts of service inventions and non-service inventions?

There are two concepts of service invention and non-service invention in the law, but many people are still very confused about its specific content, so they hope to understand its concept in depth. If you also have doubts in this regard, then today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the concepts of service inventions and non-service inventions

Service inventions refer to enterprises, institutions, and social groups Service inventions and creations are made by staff members of , state agencies, etc. to perform the tasks of their own units or mainly by utilizing the material conditions of their own units. In patent law, this relationship is embodied in the issue of ownership of rights for inventions and creations completed by employees, that is, whether the inventions and creations completed by employees are service inventions or non-service inventions and creations. In principle, the solution to this problem should follow the principle of "contract over law", that is, the issue of ownership of the right to inventions and creations should first be resolved in accordance with the provisions of the labor contract.

Non-service inventions refer to enterprises, institutions, Employees of social organizations and state agencies have not made use of the material conditions of their units to complete inventions and creations outside of their official duties.

Article 6 of the "Patent Law of the People's Republic of China" Inventions and creations completed while performing the tasks of the unit or mainly utilizing 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.

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.

Inventions and creations completed by utilizing the material and technical conditions of the unit, the unit has an agreement with the inventor or designer If there is a contract that stipulates the right to apply for a patent and the ownership of the patent right, the agreement shall prevail.

Article 7 No unit or individual may suppress an inventor or designer’s non-service invention-creation patent application.

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