What is the difference between “service” and “non-service” in the statistics in Chinese patent data?
In China, a “service invention” is an invention by an employee of a company made in execution of his tasks as opposed to a “non-service invention” made by an individual inventor. This distinction involves questions such as adequate remuneration for the employee. The definition of a “service invention” vs. “non-service invention” according to Article 6 of the Chinese Patent Law is as follows: “A “service invention” is an invention made by a person in execution of the tasks to the entity to which he belongs or made by him mainly using the material and technical means of the entity. For service inventions, the right to apply for a patent belongs to the entity. After grant, the entity shall be the patent holder. For a “non-service invention”, the right to apply for a patent belongs to the inventor. After grant, he shall be the patent holder.” If this does not answer your question, please specify your request.
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