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ARTICLE · 25 JUNE 2026

Criteria for Determining Employee Inventions by Senior Corporate Executives

The SPC issued a final judgment in a series of disputes over patent ownership, upholding the first instance decision. The SPC made it clear that, where a senior corporate executive obtains a patent for themselves or for others in breach of their duties of loyalty and non-competition obligations, such patent lacks a legal basis. The SPC also confirmed that a total of eleven patents and patent applications, including the patent in question, constituted employee inventions.

ChinaIntellectual Property

The SPC issued a final judgment in a series of disputes over patent ownership, upholding the first instance decision. The SPC made it clear that, where a senior corporate executive obtains a patent for themselves or for others in breach of their duties of loyalty and non-competition obligations, such patent lacks a legal basis. The SPC also confirmed that a total of eleven patents and patent applications, including the patent in question, constituted employee inventions.

Individual X served as the general manager of Company A, with leadership and management authority over major matters such as the company's operational direction, human resources, and organizational structure. The employment contract between X and Company A included confidentiality and non-competition clauses. In addition, X was the legal representative of Company B and the de facto controller of Company C.

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