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How are service inventions and non-service inventions defined?
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Release time:2016-08-22
Article 6 of my country's "Patent Law" stipulates: "The invention-creation completed by performing the tasks of the unit or mainly using 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 a non-service invention-creation, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer shall be the patentee.
For inventions and creations completed by using the material and technical conditions of the unit, if the unit has a contract with the inventor or designer to make an agreement on the right to apply for a patent and the ownership of the patent right, the agreement shall be followed."
The term "service invention-creation" as mentioned in Article 6 of the Patent Law refers:
(1) Inventions and creations made in their own work;
(2) Inventions and creations made by performing tasks other than their own duties delivered by the unit;
(3) Inventions and creations made within one year after resignation, retirement or transfer of work, which are related to the work undertaken by the original unit or the tasks assigned by the unit.
The unit referred to in Article 6 of the Patent Law includes a temporary work unit; the material and technical conditions of the unit referred to in Article 6 of the Patent Law refer to the funds, equipment, spare parts, raw materials or technical information of the unit that is not disclosed to the public.
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