What is a service invention and what are the rights of the creator of a service invention?

Historically, people have used scientific methods and methods to produce spoken language, written information, physical products, scientific and technological theories through exploration, research, discovery, information transmission and communication, and made use of unknown human principles that exist in nature or are implicit in them, etc. It is a product that is the crystallization of human wisdom with a considerable degree of technological content. Generally, we call this creation. The beginning of all creation is scientific and technological activities for the benefit of mankind. So what is a service invention and what rights do service inventions and creators have? The editor of Legal Savior Network has compiled relevant content and hopes it will be helpful to you.

What are service inventions and creations

So-called service inventions and creations, according to the Patent Law According to the regulations, it refers 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 work; belonging to the unit Inventions and creations made for tasks other than the assigned work; inventions and creations made within one year of resignation, retirement or transfer, and related to the work performed 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 them. enterprise.

The right to apply for and obtain a patent for an invention created when two or more units collaborate or one unit accepts 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.

What are the rights of service invention creators

Patents for service inventions and creationsThe ownership unit, the patent application is approved by the patent administration department of the State Council, the patent right is granted, and the patentee is the unit. However, service inventors and creators enjoy the following rights because of their inventions:

1 Service inventors and designers have stated that they are inventors in the patent document Or the rights of the designer;

2 The right to receive rewards from the unit;

3 Invention Or you have the right to receive reasonable remuneration after the design patent is implemented.

In practice, many inventions and creations are completed by utilizing the material and technical conditions of their own units. To determine whether they are service inventions and creations, as long as they belong to the executing unit The task is mainly to make use of the material and technical conditions of the unit. Even if the invention is completed at home in spare time, it is still a service invention. Because mental work is different from physical work, it can not be restricted by specific places and commuting times. If you have more questions about service inventions and creations, it is recommended to consult relevant professional lawyers. The Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.