Test of Post Employment Service Inventions — A Case Study

18 November 2014

Under current Chinese law, the same test should be adopted in determining service inventions created during employment and those created in one year after the termination of employment. The major test, says Sun Xi, is whether the employee’s work or assigned duties include research which is the same as or closely-related to the invention purpose and technical solution of the involved patent. And the plaintiff has the burden to prove the relevance.

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