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How are on-the-job inventions and off-the-job inventions defined?
Release Time：
2020-06-08
Source: State Intellectual Property Office Published: 2020-06-08
Article 6 of China's Patent Law stipulates that: "Inventions and creations which are accomplished by carrying out the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are job-related inventions and creations. The right to apply for a patent for a functional invention-creation belongs to the unit; after the application is approved, the unit is the patentee."
For non-official inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.
For an invention-creation accomplished by utilizing the material and technical conditions of the unit, if the unit and the inventor or designer have entered into a contract agreeing on the right to apply for a patent and the attribution of the patent right, the agreement shall be followed.
Article 6 of the Patent Law refers to an on-duty invention-creation accomplished by carrying out the tasks of the unit as:
(1) Inventions and creations made in the course of one's own work;
(2) Inventions and creations made in the performance of tasks other than those assigned by the organization;
(3) Inventions and creations made within one year after retirement, transfer from the original organization or termination of the labor and personnel relationship, which are related to the work of the original organization or the tasks assigned by the original organization.
The unit referred to in Article 6 of the Patent Law includes a temporary work unit; the material and technical conditions of the unit referred to in Article 6 of the Patent Law means the unit's capital, equipment, parts, raw materials or technical information that is not open to the public.
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