How is the ownership of patent rights for service inventions regulated?

Since it is a service invention, the patent right belongs to the employer.

The ownership of patent rights for service inventions stipulates that an invention-creation completed in accordance with Article 6 of the Patent Law is a service invention-creation if it is completed by performing the tasks of the employer or mainly by using the material and technical conditions of the employer. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the unit is the patentee.

Article 6 of the Patent Law stipulates that: "An invention-creation completed in the performance of the tasks of the employer or mainly by making use of the material and technical conditions of the employer shall be a service invention-creation." The right to apply for a patent for a service invention-creation belongs to the employer, and after the application is approved, the unit is 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. Where an invention-creation is accomplished by using the material and technical conditions of the unit, and the unit has a contract with the inventor or designer, and the right to apply for a patent and the ownership of the patent right are stipulated, such agreement shall prevail. ”

How is the ownership of patent rights for service inventions regulated, service inventions refer to inventions and creations completed in the performance of the tasks of the unit or the material and technical conditions of the employer. How is the ownership of patent rights for service inventions regulated? How is the ownership of patent rights for service inventions regulated?

1. Who does the patent right belong to? 1. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the unit is the patentee. 2. The invention-creation completed by using the material and technical conditions of the unit shall be in accordance with the contract if there is a contract.

2. Who does the right of authorship belong to? 1. The right of authorship belongs to the inventor or designer, and the inventor or designer has the right to indicate that he is the inventor or designer in the patent documents. 2. The patentee has the right to display the patent mark on its patented product or the packaging of the product.

3. The right of authorship is a personal right with strict personal attributes, which cannot be transferred or inherited, and no unit or individual has the right to decide to let a person who does not have the right of signature to sign. How is the ownership of the patent right of service invention regulated, if you want to know more, please call Bajie Intellectual Property ** customer service. Bajie Intellectual Property Intellectual Property Focus:

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Legal analysis: The ownership of the right of a service invention is a service invention that is completed by performing the tasks of the unit or mainly by using the material and technical conditions of the unit. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the unit is the patentee.

Legal basis: Article 12 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Article 12 The term "service invention-creation" in the performance of the tasks of the company referred to in Article 6 of the Patent Law refers to:

1) Inventions and creations made in the course of their work;

2) Inventions and creations made in the performance of tasks other than their own work assigned by the unit;

3) After retirement, transfer from the original unit, or within 1 year after the termination of labor or personnel relations, the same as the original.

Inventions and creations related to the work undertaken by the unit or the tasks assigned by the original unit.