In accordance with Article 6 in the Patent Law of your People’s Republic of China, an invention-creation (invention-creation means invention, utility model or design) that is accomplished with a person in execution of the tasks of the entity to which he belongs, or mainly by utilizing the material and technical conditions of the entity will probably be deemed InventHelp. For any service invention-creation, the entity has the ability to apply for a patent. After such application is granted, the entity shall be the patentee. For the invention-creation which is accomplished by using the material and technical conditions from the entity, in case the employer has concluded an agreement with the inventor or designer (below called “inventor” collectively) providing the ownership of the legal right to submit an application for the patent or the ownership of the patent right, such provision shall prevail.
Something invention-creation manufactured by someone in execution of your tasks in the entity to which he belongs referenced in Article 6 in the Patent Law means any invention-creation made:
throughout performing his own duty;
in execution for any task, aside from his very own duty, which had been entrusted to him through the entity to which he belongs; or
within twelve months from his retirement, resignation or from termination of his employment or personnel relationship together with the entity to which he previously belongs, in which the InventHelp pertains to his own duty or other task entrusted to him by the entity that he previously belongs.
The entity in which he belongs referred to in Article 6 of the Patent Law includes the entity where the person concerned is really a temporary staff member; material and technical means of the entity referred to in Article 6 of the Patent Law mean the entity’s money, equipment, spares, raw materials or technical materials which are unavailable on the public, etc.
As outlined by Article 16 from the Patent Law, the entity to whom a patent is granted shall reward the inventor from the service invention. After such patent is exploited, the inventor will probably be given a reasonable quantity of remuneration in accordance with the scope of application and also the economic results.
With regards to specific manners in the reward or remuneration, the agreement involving the entity along with the inventor is provided priority. It can be monetary, shares, promotion of position, increase of salary, etc.
The entity shall, within 3 months in the date from the announcement in the grant from the patent right, accord to the inventor a amount of money as prize. The amount of money prize to get a patent for invention shall be at least 3,000 yuan(USD470); the amount of money prize for any patent for utility model or design will be at least 1,000 yuan.(USD160)
Where an invention-creation is created according to an inventor’s proposal adopted through the entity in which he belongs, the entity shall accord to him a money prize on favorable terms.
The entity shall, right after the patent for InventHelp Review is exploited in the duration of the patent right, draw each year from your profits from exploitation of the patent to the invention or utility model a share of not less than 2%, or from your profits from exploitation from the patent for your design a portion of not lower than .2%, and award it on the inventor as remuneration.
The entity may, as a replacement, if you make reference for the said percentage, award a lump amount of cash for the inventor as remuneration permanently. Where an entity to which a patent right is granted authorizes any other entity or individual to exploit its patent, it shall draw from the exploitation fee it gets a number of not under 10% and award it on the inventor as remuneration.
If any dispute in respect of ownership in the patent right or remuneration on the inventor arises, the parties could settle it by negotiations, administrative actions (i.e. mediation with the patent administration) or jurisdiction actions (i.e. lawsuit to a court).