What are the requirements for inventors or designers to apply for patents for non-service inventions?

Do you know what a non-service invention patent is? As the name suggests, it refers to inventions and creations that are not done for reasons of official duties. In reality, it is very important to identify non-service invention patents, but it is also difficult to determine the ownership of non-service invention patents. How to identify non-service invention patent? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

The requirements for patent applications for non-service inventions and creations by Inventors or designers are: What

to the inventor or designer No unit or individual may suppress a person's patent application for non-service inventions and creations.

How to identify non-service invention patent

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

Execution referred to in Article 6 of the Patent Law The service inventions and creations completed by the tasks of this unit refer to:

(1)inInventions and creations made in the course of one's own work;

( 2) Inventions and creations made by performing tasks other than the duties assigned by the unit;

(3) Inventions and creations made within one year after resigning, retiring or transferring work, and related to the work undertaken by the original unit or the tasks assigned by the unit.

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 The person 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.

Patent application rights and obtained patents for joint inventions and creations Patent rights belong to 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.

For inventions and creations completed by utilizing the material and technical conditions of the unit, the unit has a contract with the inventor or designer, and the application If there is an agreement on the rights of the patent and the ownership of the patent right, the agreement shall prevail.

The above is the relevant content summarized by the editor. If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The professional knowledge of the lawyer can help you.