(“OPINIONS”) (关于进一步加强职务发明人合法权益保护促进知识产权运用实施的若干意见), JOINTLY ISSUED BY THE STATE INTELLECTUAL PROPERTY OFFICE (“SIPO”), THE MINISTRY OF EDUCATION, THE MINISTRY OF SCIENCE AND TECHNOLOGY, AND TEN OTHER GOVERNMENT AUTHORITIES
The Opinions provide guidelines on service inventions regarding state-owned enterprises and military entities, aiming to protect the legal rights and interests of their employees who create inventions in course of employment.
The Opinions encourage state-owned enterprises and military entities to establish sophisticated rules and regulations establishing the rights and obligations corresponding to service inventions, including (i) an invention reporting system, (ii) a service inventions administration system, and (iii) a reward and remuneration system.
It is noteworthy that the Opinions set the following minimum standards regarding rewards and remuneration for service inventions:
- If a state-owned enterprise or military entity uses a patent service invention, it shall pay the service inventor with a reward and remuneration in total of no less than 3% of the operating profits deriving from using this invention.
- If a state-owned enterprise or military entity assigns or licenses the intellectual property right over a service invention to others, it shall pay the service inventor a total remuneration of no less than 20% of the assignment fee or royalty.
The Opinions encourage state-owned enterprises and military entities to enter into agreements with inventors or apply internal policies to address the ownership of industrial and intellectual property rights and reward or remuneration payable regarding service inventions.
The Opinions mainly apply to state-owned enterprises and military entities, but other companies or entities may use the Opinions as reference.
Date of issue: January 5, 2013. Effective date: January 5, 2013.