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ARTICLE · 22 JULY 2014

How To Mesh With Inventor Remuneration Mechanisms

China Sinda Intellectual Property Ltd
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Article 6 of the Patent Law specifies that "an invention-creation, made by a person in execution of the tasks of the entity to which he [or she] belongs".

ChinaIntellectual Property

The first paragraph of article 6 of the Patent Law specifies that "an invention-creation, made by a person in execution of the tasks of the entity to which he [or she] belongs, or made by him [or her] mainly by using the material and technical means of the entity is a service invention-creation. For a service invention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee".

Article 16 of the Patent Law specifies that "the entity that is granted a patent right shall award to the inventor or creator of a service invention-creation a reward and, upon exploitation of the patented invention-creation, shall pay the inventor or creator a reasonable remuneration based on the extent of spreading and application and the economic benefits yielded". In this way, an inventor can, to a certain extent, share with the patent holder in the economic benefits derived from the patent.

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