SIPO sets out clear rules on service inventions

December 07, 2012 | BY

clpstaff

For the first time, draft Regulations on service inventions have given a clear procedural framework for defining and reporting inventions. Businesses in China need to make sure they have the right internal policies in place as penalties for non-compliance are harsh

The State Intellectual Property Office (SIPO) issued the Service Invention Regulations (Draft) (国家知识产权局职务发明条例(草案)) for comments on November 12, with the consultation period ending on December 3.

The Regulations are a response to the Plan for Medium- and Long-term Development of Quality Human Resources (关于印发国家中长期科技人才发展规划（2010-2020年）). The Plan set out clear guidelines for developing talent, with patents as a primary resource for Chinese social and economical development.

The current service invention system is basic and not practical. Article 16 of the PRC Patent Law (中华人民共和国专利法) simply states that companies must reward inventors for the service inventions, without detailing the procedures for defining an invention or how the reward should be agreed upon.

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