Case Study—Test Of Post Employment Service Inventions

[Abstract]

The same test should be adopted in determining service inventions created during employment and those created in one year after the termination of employment. The major test is whether the employee's work or assigned duties include research, which is the same as or closely related to the invention purpose and technical solution of the involved patent. And the plaintiff has burden to prove the relevance.

Introduction

Under current Chinese law, service invention includes inventions that were made by employees in performing their tasks assigned by their employers, and inventions that were made by employees who substantially used the material and technical means of their employers. The first type of service invention can be further divided into three: i) inventions made by the employees as a consequence of performing their normal duties; ii) inventions made by the employees as a consequence of performing their special jobs that were outside their normal