By Shi Bisheng King & Wood Mallesons’ IP Group

In April 2015, the Legislative Affairs Office of the State Council P.R. China released the “Regulations on Service Inventions (Draft for Review)” (the “Regulations”) to the public for comment. The Regulations provide detailed provisions regarding the ownership of service inventions, the service invention reporting system, the

By Ou Xiuping  Xu Jing Yin Ji  King&Wood Mallesons’ Intellectual Property Group

01The legal framework of service invention is stipulated by the PRC Patent Law and the Regulation on Protection of New Varieties of Plants. Also in April 2015, the State Council solicited public opinion of the Regulations on Service Invention (Draft), which has been amended for the fourth time[1]. This article will closely study and analyse hot-spot issues in PRC legal practice with respect to disputes over service invention on the case study, including:
Continue Reading Invention for hire in PRC: what should practitioners know – I

作者:楼仙英 姚迪 金杜律师事务所知识产权



为方便讨论上述问题,先简化问题如下:若雇主基于雇员的职务发明获得的巨大商业利润与雇员所获得的奖励与报酬完全不符时,雇员是否有权请求法院或仲裁机构变更或撤销合同,并请求额外的奖励和报酬?Continue Reading 防止职工职务发明诉讼

By Cecilia Lou and Steven Yao King & Wood’s Intellectual Property Group

The Patent Law of the People’s Republic of China(1)("Patent Law") and Regulations for the Implementation of the Patent Law of the People’s Republic of China(2) ("Implementing Regulations") has drawn our attention to rewards and remuneration for inventors. The Patent Law stipulates that employers must pay reasonable rewards and remuneration to inventors of a service invention and the Implementing Regulations explicitly address the amount payable. For purposes of encouraging technological innovation and industrialization, the change is sure to play a positive role in motivating employee initiatives and promoting social productivity. However, it will also bring certain challenges to many employers in terms of compliance with reward and remuneration issues in China, especially when the Blue LED case in Japan resulted in a 70 million RMB settlement.

The key issue of concern to employers is: Whether the huge commercial benefits acquired by the employer based on a service invention made by its employee do not correspond to the remuneration received from the employer due to the creation of the service invention agreed in the remuneration clause in China, whether the employee shall be entitled to request the court to modify or even revoke the remuneration clause and request some additional remuneration?Continue Reading Dodging Service Invention Disputes