What does service invention-creation mean in patent law?

Inventions and creations that are completed while performing the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions and creations. 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. Regarding the question of what service inventions and creations refer to in patent law, the editor of Legal Savior Network will give you a detailed answer below.

1. What does service invention-creation mean in the patent law?

1. Inventions and creations that are completed while performing the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions and creations. 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.

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

Execution of Article 6 The inventions and creations that are the tasks of this unit or are mainly completed by utilizing the material and technical conditions of this unit are service inventions and creations. 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. The unit may dispose of the right to apply for patents and patent rights for its service-based inventions and creations in accordance with the law, and promote the implementation and application of relevant inventions and creations.

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 the patentee.

For inventions and creations completed using the unit's material and technical conditions, the unit has a contract with the inventor or designer, and the right to apply for a patent and the patent rights If there is an agreement on ownership, the agreement shall prevail.

2. What is the process of applying for a patent yourself?

1. Submit documents: When applying for an invention patent, a document request, claims, description, drawings of the description, abstract of the description and its documents should be submitted.

2. Acceptance: The Patent Office of the National Intellectual Property Office will receive the patent application documents and issue an acceptance notice, confirm the patent application and assign a patent application number. In the absence of necessary application documents or Any violation of legal requirements will be accepted

3. Preliminary examination: The Patent Office receives the application documents and first conducts a formal examination of the application documents, fee payment and other conditions. Applications that pass the preliminary examination must make repairs or state opinions according to the notice.

4. Publication: The invention patent application has passed the preliminary examination and entered the stage. After preliminary examination, the Patent Office will publish the patent within 18 months from the date of application if it meets the patent requirements. The Patent Office shall publish the application early upon request

5. Substantive examination: Within 3 years from the date of application, the Patent Office shall request the application to undergo substantive examination upon filing. If no request is made during the application period, the application will be deemed to have been withdrawn due to resistance or other reasons. If the request is not submitted and the request is submitted again, the Patent Office will determine if necessary to conduct substantive examination of the invention patent application on its own. If an examination action notice is issued, the applicant needs to respond within the specified time limit.

6. Authorization: After the examination is finally passed, the Patent Office will issue an authorization notice indicating that it agrees to the authorization. After receiving the authorization notice and the applicant registers the authorization, the patent authorization announcement will take effect and the patent certificate will be obtained.

According to the provisions of the Patent Law, inventions and creations that are completed while performing the tasks of the unit or mainly using 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. 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.