How to judge a patent service invention and what is a patent service invention

For the purposes of the Patent Law, the term "service invention-creation" completed in the performance of the tasks of the unit 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) Inventions and creations made within one year after retirement, transfer from the original unit, or termination of labor or personnel relations, related to the work undertaken by the original unit or the tasks assigned by the former unit.

For the purposes of the Patent Law, the term "this unit" includes a temporary work unit; For the purposes of the Patent Law, the term "material and technical conditions of the employer" refers to the funds, equipment, spare parts, raw materials or technical materials of the unit that are not publicly available.

For the purposes of Article 6 of the Patent Law, the term "service invention-creation" completed in the performance of the tasks of the unit refers to:

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

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

3) Invention-creations made within one year after retirement, retirement or transfer of work, related to the work undertaken by the original unit or the tasks assigned by the unit.

For the purposes of Article 6 of the Patent Law, the term "this unit" includes a temporary work unit; For the purposes of Article 6 of the Patent Law, the term "material and technical conditions of the unit" refers to the funds, equipment, spare parts, raw materials or technical materials of the unit that are not publicly available.

Service inventions refer to service inventions and creations that are completed by the staff of enterprises, public institutions, social organizations, state organs, etc., in the performance of their own tasks or mainly by making use of the material conditions of their own units. The right to apply for a patent for a service invention belongs to the unit. After the application is approved, the unit is the patentee; The unit shall reward the inventor or designer.

It is divided by the business scope of the unit. That is to say, all relevant inventions and creations within the scope of business of the unit are regarded as service inventions. From the perspective of the unit, the purpose of employing employees is to develop its business, and employees have the obligation to work hard to develop the business of the unit.

2. What inventions are service inventions?

The following inventions are service inventions:

1. Inventions completed in the course of one's own work;

2. Inventions completed by performing tasks assigned by the unit outside of their own work;

3. Inventions made within one year after retirement, transfer from the original unit, or termination of labor or personnel relations, related to the work undertaken by the original unit or the tasks assigned by the original unit, unless otherwise stipulated by the state on new plant varieties;

4. Inventions that are mainly completed by using the material and technical conditions such as the funds, equipment, parts, raw materials or technical data of the unit, except for those that agree to return the funds or pay the royalties, or only use the material and technical conditions of the unit to verify or test after completion.

For service inventions, the employer has the right to apply for intellectual property rights, protect or disclose them as technical secrets, and the inventor has the right of authorship and the right to receive rewards and remuneration. For non-service inventions, the owner of the invention has the right of authorship and the right to apply for intellectual property rights or to protect or disclose them as technical secrets.

3. How to write a service invention report?

The invention report shall include the following:

1. The name of the inventor;

2. The name and content of the invention;

3. Whether the invention is a service invention or a non-service invention and the reasons for it;

4. Other matters that the inventor thinks need to be explained.

Service inventions refer to service inventions and creations that are completed by the staff of enterprises, public institutions, social organizations and state organs in the performance of their own tasks or mainly by making use of the material conditions of their own units. There are two types of service inventions::

1) The first category is the inventions and creations completed in the performance of the tasks of the unit. There are three types of cases:

1) Inventions and creations completed by the inventor in his or her own work; According to the labor contract signed between the employee and the employer, the employer has the obligation to pay remuneration to the employee, and the completion of the labor tasks within the scope of the contract is the basic obligation of the employee, so the labor results created by the employee should belong to the employer.

2) Inventions and creations completed in the performance of tasks related to their own work assigned by the unit; In real life, employees of an employer not only have to undertake work within the scope of their own work, but also accept tasks assigned by the unit that are outside their own work, so there are two different situations in the understanding of the term "task of the unit" in the law. The performance of tasks other than the own work assigned by the unit usually refers to the short-term or temporary work tasks issued by the unit, such as cooperative development, organizing key problems, and accepting research commissions. The completion of these tasks is closely related to the macro guidance of the unit, the formulation of specific plans, the assumption of responsibilities and the necessary material conditions, so they should belong to service inventions and creations.

3) Invention-creations made within one year after retirement, retirement or transfer of work, related to the work undertaken by the original unit or the tasks assigned by the unit. Bo Chun.

2) The other type is the invention-creation that is mainly completed by using the material conditions of the unit (including funds, equipment, parts, raw materials or technical data that are not disclosed to the public, etc.); However, if only a small amount of the material and technical conditions of the unit are used, and the use of such material conditions is not important to the completion of the invention-creation, it cannot be determined that it is a service invention-creation.

1. When does the term of protection of a patent start from the beginning of Yuanhui?

According to the Patent Law, the term of an invention patent right is 20 years, and the term of a utility model patent right and a design patent right is 10 years, both of which are calculated from the filing date.

Since at least a formal examination is required, it is absolutely impossible for the filing date and grant date of a patent to be the same day. According to Articles 39 and 40 of the Patent Law, although the invention patent right, the utility model patent right and the design patent right shall take effect from the date of the announcement of the grant, the duration of the right shall be calculated forward to 10 or 20 years from the date of application.

The term "service invention-creation" in the performance of the tasks of the unit referred to in Article 6 of the Law refers to:

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

2) To perform the tasks assigned by the unit in addition to their own work;

3) If the retirement or transfer is made within one year after the termination of the labor or personnel relationship, it shall be undertaken with the original unit.

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

For the purposes of Article 6 of the Patent Law, the term "this unit" includes a temporary work unit; The material and technical provisions of the unit referred to in Article 6 of the Patent Law.

"Pieces" refers to the unit's funds, equipment, parts, raw materials, or technical data that are not publicly available.

Legal analysis: The right to apply for a patent and the right to apply for a patent for a service invention-creation belong to the unit. For service inventions completed by using the material and technical conditions of the unit, if there is an agreement between the unit and the inventor or designer, the agreement shall prevail.

Therefore, in order to clarify the ownership of the right to apply for a patent and the patent right, it is first necessary to clarify whether the invention-creation is a service invention.

Legal basis: Article 6 of the Patent Law of the People's Republic of China An invention-creation completed in the performance of the tasks of the unit or the material and technical conditions of the unit is 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 the unit has a contract with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, and an agreement is made on the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.