Does the patent right for service inventions and creations belong to the employer?

According to the provisions of the Patent Law, patent rights for service Inventions and creations generally belong to the unit; for non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; inventions and creations completed by utilizing the material and technical conditions of the unit shall be determined according to the agreement Belong. Regarding the question of whether the patent right for service inventions belongs to the employer, the editor of Legal Savior Network will answer it in detail for you below.

1. Does the patent right for service inventions and creations belong to the unit?

1 , The ownership of patent rights for service inventions and creations is as follows:

(1) The right to apply for patents for service inventions and creations belongs to the unit. After the application is approved, the unit becomes the patent The right holder;

(2) For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer;

(3) Inventions and creations completed by utilizing the material and technical conditions of the unit, if agreed upon by the parties, shall be handled in accordance with the agreement.

2. Legal basis: "Patent of the People's Republic of China" Article 6 of the Law

2. What are the objects protected by patent rights?

The object of protection of patent rights refers to inventions and creations for which patents should be granted according to law. According to the provisions of my country's Patent Law, the subject matter of patents includes inventions, utility models and designs.

(1) Invention: refers to a new technical solution proposed for a product, method or improvement thereof.

(2) Utility model: refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

(3) Appearance design: Also known as industrial product appearance design, it refers to the shape, pattern or combination of the product and the combination of color, shape, and pattern. Made rich and beautifulNew designs that are intuitive and suitable for industrial applications.

According to the provisions of the Patent Law, the patent right for service inventions and creations generally belongs to the unit; for non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer ; The ownership of inventions and creations completed by utilizing the material and technical conditions of the unit shall be determined according to the agreement. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.