What are the differences between the attribution of job and non-job technical achievements
Job technology Achievements are technical achievements accomplished by performing the work tasks of a legal person or other organization, or mainly utilizing the material and technical conditions of a legal person or other organization. The right to use and transfer job technical achievements belongs to legal persons or other organizations. Non-job technical achievements are not technical achievements that perform the work tasks of a legal person or other organization, nor are they mainly completed by using the material and technical conditions of a legal person or other organization. The right to use and transfer non-job technical achievements belongs to the individual who completed the technical achievements.
"People's Republic of China Article 6 of the Patent Law: Inventions and creations completed while performing the tasks of the unit or mainly utilizing the material and technical conditions of the unit are service inventions. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes 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 Patentee.
If there is an agreement on the ownership of rights and patent rights, the agreement shall prevail.
Article 7 of the "Patent Law of the People's Republic of China" applies to inventors or designers for non-service invention-creation patents, any unit or Individuals must not be suppressed.
The above knowledge is the editor's answer to the question "What are the differences between the ownership of professional and non-professional technical achievements", if you need For more legal help, welcome to LegalLegal consultation at LawSavior.com.
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