What are the rewards and remuneration for job inventors or designers
1. Why should we set up for job inventions? Reward and remuneration system
An important aspect of service inventions The content is about rewards and remuneration, which are the material rights that the inventor enjoys over the service invention and are also the key to ensuring the balance between the interests of the inventor and the unit. Because inventions and creations are fundamentally the result of the intellectual activities of inventors and designers. The completion of an invention embodies the knowledge, wisdom and hard work of the inventor or designer. Therefore, although inventors or designers cannot enjoy patent rights for service inventions, they should be rewarded accordingly for their intellectual labor. This is conducive to unleashing individual innovation enthusiasm, promoting scientific and technological progress, and is also related to the entire service invention system. Fair and reasonable.
2. Specific contents of service invention awards and remuneration
At present, my country's Patent Law and the Implementing Rules of the Patent Law have clearly defined the rewards and remuneration for service inventions. The Patent Law stipulates that the unit granted the patent right shallRewards will be given to inventors or designers of service-based inventions; after the invention-creation patent is implemented, reasonable remuneration will be given to the inventor or designer based on the scope of its promotion and application and the economic benefits achieved. The "economic benefits" mentioned here include not only the economic benefits obtained by the unit granted the patent right from implementing the patent itself, but also broadly speaking, the economic benefits obtained by licensing others to implement or transfer the patent right.
"Patent Law Implementing Rules" is composed of a special chapter The form stipulates the agreed priority principle, minimum guarantee amount and remuneration ratio of the reward and remuneration system. The unit to which the patent right is granted may agree with the inventor or designer or stipulate in the rules and regulations formulated by it in accordance with the law the method and amount of rewards and remuneration specified in Article 16 of the Patent Law. Rewards and remuneration given to inventors or designers by enterprises and institutions shall be handled in accordance with the relevant national financial and accounting system regulations.
(1) The unit granted the patent right has not If the method and amount of the reward specified in Article 16 of the Patent Law are not stipulated in the rules and regulations formulated by the inventor or designer according to the agreement, the reward shall be issued to the inventor or designer within 3 months from the date of announcement of the patent right. Designer bonus. 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 inventor or designer's suggestions are adopted by the unit to which he/she belongs, the unit to which the patent right is granted shall be given preferential bonuses.
(2) The unit granted the patent right has not If the method and amount of remuneration specified in Article 16 of the Patent Law are not stipulated in the rules and regulations formulated by the inventor or designer in accordance with the law, within the validity period of the patent right, after the invention-creation patent is implemented, the amount shall be paid every year from the implementation date. No less than 2% of the operating profits from the invention or utility model patent or no less than 0.2% of the operating profits from the implementation of the design patent shall be withdrawn as remuneration to the inventor or designer, or with reference to the above ratio, Give the inventor or designer a one-time remuneration.
(3) If the unit granted the patent right licenses other units or individuals to implement its patent, it shall withdraw no less than 10% of the royalties collected and give it to the inventor or designer as a reward People.
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