NEWS

Attention must be paid to the attribution of service inventions and research and development achievements.

Release time:

2023-09-01 09:22

 

 

In developing the front-end business, the author found that many enterprises in order to obtain technical advantages usually directly hire professional talents..It is common for professors and doctors to neglect the ownership of job inventions and research and development achievements. This leads to the failure of technology incubation and the obstruction of patent transfer negotiations in schools or hospitals.

Can't laugh.

 

 

The author suggests that there should be a vesting agreement in advance. Since the developer is employed by the enterprise, he signs a research and development results agreement with the employer:

 

"The employer pays the developer for his work, and the developer's research and development results, including the patents derived from them, are owned by the employer, I .e. the employer is automatically the owner of the right rather than the developer as the inventor. Accordingly, the qualification to become a patentee after filing a patent application as an applicant and granting a patent no longer belongs to the inventor or developer, but to the employer."

 

In this way, the job invention that follows, because of the relevant agreement in advance, it is said that the technology to be produced in advance is to apply separately or jointly in the name of the school, hospital and enterprise, the ownership of the patent right and the share of the market by both parties, so that we can try our best to avoid good things and bad things.

 

Article 6 of China's Patent Law stipulates:"An invention-creation completed in the performance of the tasks of the unit or mainly by using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit is the patentee. The service invention belongs to the employer."

 

Therefore, according to the patent law, when the employer and the employee do not sign an agreement, the service invention is also established by law.

 

 

The country has a patent law, but when it comes to the service invention lawsuit, it usually gives priority to the agreement between the enterprise and the inventor.

 

Therefore, when serving start-ups, Huaxun will suggest that the committee write a job invention agreement to clarify the ownership of intellectual property labor. In the agreement, we cover the work results of all employees.

 

If the company's research and development results are separated by employees and external researchers colluding with new products, the company may currently receive a ban on the sale of its products and fall into a patent infringement storm.

 

The importance of a paper is self-evident.