1. What does the patent law refer to as the unit and the unit’s material and technical conditions?
1. The material and technical conditions of the unit referred to in the Patent Law refer to the unit’s funds, equipment, parts, raw materials or technical data that are not disclosed to the public.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Tenth Article 2 The term "service inventions and creations completed in the execution of the tasks of the unit" as mentioned in Article 6 of the Patent Law refers to:
(1) Inventions made in the course of one's own work Inventions and creations;
(2) Inventions and creations made by performing tasks other than the duties assigned by the unit;
(3) Inventions and creations made within 1 year after retirement or transfer from the original unit or the termination of labor or personnel relations, and related to the work performed by the original unit or the tasks assigned by the original unit.
The unit referred to in Article 6 of the Patent Law includes temporary work units; the material and technical conditions of the unit referred to in Article 6 of the Patent Law refer to the unit funds, equipment, parts, raw materials or technical data not disclosed to the public.
2. What is a service invention?
The so-called service inventions and creations, according to the provisions of the Patent Law, refer to "inventions and creations completed by performing the tasks of the unit or mainly utilizing the material conditions of the unit."
Performing the tasks of the unit specifically includes: inventions and creations made in the course of the job; inventions and creations that are outside the job delivered by the unitInventions and creations made as a result of tasks; inventions and creations made within one year of resignation, retirement or transfer, and related to the original work undertaken by the original unit or the tasks assigned by the original unit. Mainly utilizing the unit's material conditions means that the inventor or designer mainly uses the unit's funds, equipment, parts or technical materials that are not disclosed to the outside world in the process of completing the invention. my country’s Patent Law clearly stipulates that for service inventions and creations, the right to apply for and obtain a patent belongs to the unit.
For service inventions and creations completed by staff of foreign-funded enterprises and Sino-foreign joint ventures in China, the right to apply for and obtain patents belongs to the enterprise.
The right to apply for and obtain a patent for an invention created through collaboration between two or more units or one unit accepting research and design tasks entrusted by other units. This can be specified in the joint research and development contract or the commissioned research and development contract. If there is no agreement in the contract, the right to apply for and obtain a patent belongs to the unit that completes or jointly completes the work.
According to the provisions of the "Patent Law Implementing Rules", the material and technical conditions of the unit referred to in the Patent Law refer to the unit's funds, equipment, and spare parts. , raw materials or technical data not disclosed to the public, etc. 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.
