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ARTICLE · 20 JULY 2015

Invention for hire in PRC: what should practitioners know?

King & Wood Mallesons
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Service invention in PRC includes patents invented and filed in China and patents invented in China but filed abroad.

ChinaIntellectual Property
Ou Xiuping
Ou Xiuping
Xu Jing
Xu Jing
Yin Ji
Yin Ji

The legal framework of service invention is stipulated by the PRC Patent Law and the Regulation on Protection of New Varieties of Plants. Also in April 2015, the State Council solicited public opinion of the Regulations on Service Invention (Draft), which has been amended for the fourth time1. This article will closely study and analyse hot-spot issues in PRC legal practice with respect to disputes over service invention on the case study, including:

  • Subjects and conditions when compensating;
  • Agreement priority principle;
  • Determination upon the amount of rewards and compensation;
  • Limitation of action.

We firstly introduce subjects and requirements when compensating inventors in this section.

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