1. How to determine the amount of reward for the inventor or designer of a service invention
1. The amount of rewards for inventors or designers of service-based inventions can be determined by the patent law in accordance with the provisions of the patent law in the unit to which the patent right is granted and the inventor or designer or in its rules and regulations formulated in accordance with the law. If it is not determined in the rules and regulations, the amount of the bonus will be determined according to the following circumstances:
(1) The minimum bonus for an invention patent is not less than 3,000 yuan;p>
(2) The minimum bonus for a utility model patent or design patent is not less than 1,000 yuan.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Seventh Article 17 If the unit to which the patent right is granted has not agreed with the inventor or designer or stipulated in its legally formulated rules and regulations the method and amount of the reward specified in Article 16 of the Patent Law, the unit shall be entitled to the award from the date of announcement of the patent right. Bonuses will be issued to the inventor or designer within 3 months from the date of application. The minimum bonus for an invention patent is not less than 3,000 yuan; the minimum bonus for a utility model patent or design patent is not less than 1,000 yuan.
For inventions and creations completed because the suggestions of the inventor or designer are adopted by the unit to which they belong, the unit that is granted the patent right shall pay preferential bonuses.
2. What is a service invention?
The so-called service inventions and creations, according to the provisions of the Patent Law, refer to "inventions and creations completed by performing the tasks of the unit or mainly utilizing the material conditions of the unit."
Perform the tasks of this unitSpecifically include: inventions and creations made in the course of one's own work; inventions and creations made as part of tasks other than the one's own work assigned by the unit; inventions and creations made within one year of resignation, retirement or transfer that are different from the original work undertaken by the original unit or the original unit. Assigned tasks related to inventions. Mainly utilizing the unit's material conditions means that the inventor or designer mainly uses the unit's funds, equipment, parts or technical materials that are not disclosed to the outside world in the process of completing the invention. my country’s Patent Law clearly stipulates that for service inventions and creations, the right to apply for and obtain a patent belongs to the unit.
For service inventions and creations completed by staff of foreign-funded enterprises and Sino-foreign joint ventures in China, the right to apply for and obtain patents belongs to the enterprise.
The right to apply for and obtain a patent for an invention created through collaboration between two or more units or one unit accepting research and design tasks entrusted by other units. This can be specified in the joint research and development contract or the commissioned research and development contract. If there is no agreement in the contract, the right to apply for and obtain a patent belongs to the unit that completes or jointly completes the work.
According to the provisions of the "Patent Law Implementing Rules", the amount of rewards for inventors or designers of service-based inventions can be determined by the unit that is granted the patent right. The designer has agreed or determined it in accordance with the provisions of the Patent Law in the rules and regulations formulated by it in accordance with the law. 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.