What is the difference between the reduction rate of service invention and non service invention pat

Jite Intellectual Property: Patent application is a necessary procedure for obtaining patent rights. To obtain a patent right, the applicant shall submit an application to the national patent authority, which shall approve and issue a certificate.

When filing a patent application with the national patent office, the applicant shall submit a series of application documents, such as a request, description, abstract and claims, etc. In terms of patent applications, the provisions of patent laws in various countries in the world are basically the same. You can apply for it yourself or find a patent ** agency to apply.

Measures for Reduction and Payment of Patent Fees" stipulates:

If the patent applicant or patentee is an individual or an entity, the prescribed fee shall be reduced by 85%.

Where two or more individuals or entities are joint patent applicants or co-patentees, the prescribed fee shall be reduced by 70%.

Conditions to be met for the reduction of patent fees:

If the patent applicant or patentee meets one of the following conditions, he or she may request a reduction in the above-mentioned fees from the State Intellectual Property Office:

1) Individuals with an average monthly income of less than 3,500 yuan (10,000 yuan per year) in the previous year;

2) Enterprises with taxable income of less than 300,000 yuan in the previous year;

3) Public institutions, social organizations, and non-profit scientific research institutions.

Where two or more individuals or units are joint patent applicants or co-patentees, the provisions of the preceding paragraph shall be complied with.

An invention-creation completed by performing the tasks of the unit or mainly by making use of 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 unit; 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 to stipulate the right to apply for a patent and the ownership of the patent right for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail. 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. 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 applying for a patent for a non-service invention-creation. After the application is approved, the inventor or designer is the patentee. If a non-service invention-creation is jointly performed by two or more inventors or designers, the person who completes the invention-creation is called a joint invention or co-designer.

The right to apply for a patent for a joint invention or creation and the right to obtain a patent shall be jointly owned by all the co-owners.

The provision for patent rights for non-service inventions is that they should be attributed to individuals. As for the ownership of the patent right, if there is an employment relationship between the inventor and the employer, and it is created for the purpose of completing the work task or due to the nature of the work, the ownership right should be the unit; If the inventor invents something that has nothing to do with any unit, but is entirely due to the individual's creative thoughts, then the patent right should belong to the inventor of the company.

1. What are the types of service inventions and creations?

1. The inventor completes the invention and creation in order to complete the work tasks assigned by the unit in his own work;

2. Inventions and creations completed by using the unit's own funds, equipment, raw materials and technical research and development materials specially protected by the unit; If in the process of invention, the unit resources used have no great relationship with the invention and creation, but are only used in the amount used, then the invention has nothing to do with the unit and only belongs to the inventor himself.

Whether an invention or creation is a service invention depends on whether the creation process has a great direct relationship with the employer, for example:

1. The invention is within the business scope of the unit and is created for business development;

2. The invention was made during working hours, which has nothing to do with one's own personal time, and also used the resources of the unit to complete it;

3. The reason for the invention is that there is a contract or agreement between the inventor and the unit for cooperative invention and creation, and the inventor is only fulfilling the terms of the contract.

These can be used as criteria for dividing service inventions and non-service inventions, and there are some criteria that have not been mentioned, so you can learn more about them.

As an inventor, when inventing and creating a unit, you must distinguish whether your invention belongs to your own or the unit, so as to avoid unnecessary disputes over ownership.

Inventions and creations completed by using the unit's own funds, equipment, raw materials, and technical research and development materials specially protected by the unit; If in the process of invention, the unit resources used have nothing to do with the invention and creation, but are only used in the amount of use, then this is the case that Qi Ming has nothing to do with the unit, and only belongs to the inventor himself.

Service inventions are completed in the completion of tasks assigned by the organization, while non-service inventions are inventions that have nothing to do with the organization.

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.

The difference between the two is that an invention-creation completed by performing the tasks of the unit or mainly using the material conditions of the unit belongs to the service invention, and the right to apply for a patent belongs to the unit; If the invention-creation is not completed by performing the tasks of the unit or not by using the material conditions of the unit, it is a non-service invention-creation, and the right to apply for a patent belongs to the inventor or designer.

The patent right of non-service invention belongs to the individual, and the right to dispose of it belongs to the individual, so the patentee has the final say on the licensing and assignment. If it is a service invention, the patent right is owned by the unit, and the right of disposal lies with the unit, and the inventor can be rewarded in accordance with the detailed rules for the implementation of the Patent Law, and the individual can also find a buyer for the implementation of the technology and match its transfer and licensing.