Legislation roundup: Service inventions, futures trading and management compensation

November 16, 2012 | BY

clpstaff &clp articles

The State Intellectual Property Office has released draft regulations for service inventions clarifying an employee's remuneration rights if there is no agreement with the employer, while the State Council has revised regulations on futures trading

Intellectual property

State Intellectual Property Office, Service Invention Regulations (Draft) (Draft text for Comments)

国家知识产权局职务发明条例(草案) (征求意见稿)

The Draft covers the applicable scope of the Regulations, definition of an inventor, ownership of the rights to an invention, report of the invention to the employer and application for intellectual property rights and rewards and remunerations for service inventions. Within the validity period of the patent, if there is no agreement or company provisions on remuneration, all the inventors of a service invention should be given not less than 5% of the business profit or not less than 0.5% of the sales revenue derived from the exploitation of the invention patent each year.

See the digest for more details.

Further reading

PRC Patent Law (3rd Revision), Feb 2009

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