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.
The Implementing Rules of the Patent Law specifically provide for reward and remuneration for inventors in chapter 6. Article 76 of the rules establishes the principle of priority of agreement. An entity may enter into a contract with the inventor, or specify in its rules and regulations, the manner and the amount of reward and remuneration.
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Liu Guangming is a partner and patent attorney at China Sinda
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