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New Draft on the Regulation of Service Invention in China

Service invention refers to invention made in the course of employment duties. Its use and explore, especially the reward and remuneration policy, are always a hot topic of major importance for enterprises.

 

In the spring of 2012, a proposal regarding service invention was submitted to the “two sessions” (National People's Congress and Chinese People's Political Consultative Conference), which is China’s annual legislative meeting that makes important national level decisions. This proposal started the legislation in this regard, and the State Intellectual Property Office of China (SIPO) takes the responsibility to draft such a regulation, in consultation with a number of Chinese authorities and other institutions, namely the Ministry of Education, Ministry of Science and Technology, Ministry of Industry and Information Technology, Ministry of Human Resources and Social  Security, Ministry of Agriculture, State-owned Assets Supervision and Administration Commission, National Copyright Administration, State Forestry Administration, Patent Protection Association of China, and China Association of Inventions. 

 

Recently on March 31, 2014, the SIPO released the third draft on the Regulation of Service Inventions. It seems the last version before submitting to the State Council for review and promulgation.

 

The draft increases the amount of reward and remuneration and stipulates the procedures of how parties may communicate with one another when seeking patent (and other IP) protection and making further exploration.

 

For more information, please check the Article section.

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