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ARTICLE · 14 FEBRUARY 2019

Service Invention In China - Current Provisions & Proposed Changes

Foundin Intellectual Property
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Article 6 of the current Chinese patent law defines "service invention-creation" and the ownership thereof. Specifically, it provides that:

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Ownership of Service Invention

Current Provisions

Article 6 of the current Chinese patent law defines "service invention-creation" and the ownership thereof. Specifically, it provides that:

An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him 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.

For a non-service invention-creation, the right to apply for a patent belongs to the inventor or creator. After the application is approved, the inventor or creator shall be the patentee.

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