[Direct answer]Yes, this is a statutory right. Article 15 of the Patent Law of the People's Republic of China (amended in 2020) stipulates that the unit granted the patent right shall give awards to the inventors or designers of the service inventions; after the patent for the invention or design is implemented, the inventor or designer shall be given reasonable remuneration based on the scope of its promotion and application and the economic benefits obtained. The specific amount of the award and remuneration may be agreed upon by the unit and the inventor, or determined in accordance with the rules and regulations formulated by the unit in accordance with the law; if there is neither an agreement nor a regulation, the inventor may request determination in accordance with the law. Therefore, the inventor of a service invention has the right to claim the award and the remuneration after the implementation of the invention. The unit shall not refuse it on the grounds of "having already paid the salary" or "it is the inventor's job". The inventor should pay attention to collecting evidence of the patent authorization and implementation.

I. Problem Background and Typical Scenarios

After the inventor of a service invention completes the technical achievement, in addition to the right of authorship, they also enjoy the property rights to receive awards and remuneration. In practice, common problems include: the unit only issues a bonus once and no longer pays implementation remuneration; the unit refuses to pay according to economic benefits on the grounds that the internal regulations set too low standards; and the inventor's claim for remuneration after leaving the job is rejected. There are many technology companies and R&D institutions in the Beijing area. The distribution of patent implementation income is directly related to innovation incentives. It is very important for both inventors and units to clarify the legal basis and calculation method of awards and remuneration.

II. Key points of contention

First, the legal nature and basis of rewards and remuneration. Second, how to determine the standards for rewards and remuneration, and the relationship between agreements, rules and regulations, and statutory fallback provisions. Third, the calculation method of remuneration after the patent is implemented, and whether it can be claimed according to the proportion of economic benefits. Fourth, whether inventors still enjoy the right to request remuneration after leaving the unit. Fifth, the effectiveness of the unit's internal regulations in excluding or reducing remuneration. Sixth, the burden of proof and remedies in the event of a dispute.

III. Professional analysis by Henglue Law Firm

Here are the four practical tips from Henglue Lawyers on the intersection of intellectual property and labor disputes: 1. Both incentives and compensation are statutory rights: According to Article 15 of the Patent Law, the unit granting the patent right shall provide the inventor with an incentive and reasonable compensation after the patent is implemented. These are not optional benefits that the unit can decide whether to grant or not. 2. Standard determination order: The amount of incentives and compensation can be agreed upon between the unit and the inventor, or stipulated by the unit's legally established rules and regulations. If no agreement or stipulation exists, the amount can be determined according to law, often referring to the economic benefits of patent implementation and industry practices. 3. Calculation of compensation: After the patent is implemented, compensation should be provided based on the scope of promotion and application and the economic benefits achieved. The inventor can claim compensation calculated according to a certain percentage or reasonable amount, which requires evidence such as patent product sales revenue, licensing fees, and profits. 4. Subjects and evidence: The inventor, designer, and their legal successors can claim rights. In disputes, the inventor should provide the patent certificate, authorization documents, and evidence of implementation and profits. If the unit claims to have paid according to the agreement, it should provide corresponding evidence. For compensation after resignation, if it can be proven that the patent was implemented based on the inventor's contributions, the inventor can still claim a corresponding portion. Overall, incentives and compensation are important systems to encourage innovation. Inventors should actively claim their rights and preserve evidence, while units should fulfill their obligations according to law to avoid litigation risks. Henglue Lawyers typically assist inventors in claiming their rights by first organizing the basis for incentives and compensation and collecting evidence of implementation and benefits.

IV. Practical suggestions and legal basis

Action recommendations: First, keep the patent certificates, authorization documents, and records of R&D contributions to clarify your own inventor status; Second, check the agreements on rewards and compensation in the unit's rules and regulations or labor contracts; Third, collect evidence of patent implementation, licensing, and income to quantify the compensation due; Fourth, first negotiate with the unit, and if no agreement is reached, you can apply for arbitration or file a lawsuit; Fifth, if you claim compensation after leaving the job, pay attention to providing evidence of the connection between your contributions and patent implementation, as well as the statute of limitations for litigation. For issues related to intellectual property protection and corporate law, you can refer to the relevant materials for further study.Intellectual property protection and corporate lawFor issues related to labor rights, you can refer to the following materials for reference.Labor arbitration and work-related injury compensationLegal basis: Articles 15 and 16 of the Patent Law of the People's Republic of China (amended in 2020), and the provisions on rewards and remuneration in the Implementing Regulations of the Patent Law of the People's Republic of China (amended in 2023). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the invention creator has the legal right to receive rewards and compensation, and the unit shall not arbitrarily exclude or refuse to pay them. Secondly, the amount can be determined by agreement or unit regulations. If there is no agreement or regulation, the creator can request determination in accordance with the law. Thirdly, the compensation after the patent is implemented should be commensurate with the scope of promotion and application and the economic benefits, and attention should be paid to quantitative calculation. Fourthly, the inventor can still claim corresponding compensation after leaving the job, but he/she needs to prove the connection between his/her contribution and the implementation of the patent. Fifthly, when claiming rights, attention should be paid to collecting evidence of implementation and benefits, and to the statute of limitations. For matters involving the recovery and enforcement of creditor's rights, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcementFor other difficult matters, you can refer to the following for referenceSpecial servicesFor issues related to labor rights, you can refer to the following resources for more information:Labor arbitration and work-related injury compensation.

VI. Frequently Asked Questions

Q1: Can the inventors of service inventions receive awards and compensation?

Yes. According to Article 15 of the Patent Law, the unit that is granted a patent right shall give an award to the inventor, and shall also give reasonable remuneration after the patent is implemented. This is the inventor's statutory right, and the unit shall not arbitrarily refuse to do so.

Q2: Who sets the standards for rewards and compensation?

It can be agreed upon by the unit and the inventor, or determined by the rules and regulations formulated by the unit in accordance with the law; if there is no agreement or regulation, it can be requested to be determined in accordance with the law. In practice, it is often based on the economic benefits of the patent implementation and industry practices.

Q3: How is the compensation calculated after the patent is implemented?

It should be determined reasonably based on the scope of the promoted application and the economic benefits achieved. The inventor may claim a certain percentage or a reasonable amount, which needs to be combined with evidence such as the sales revenue of the patented product, royalties, and profits.

Q4: Can I still claim my previous compensation after leaving the job?

This can be claimed. If the patent is implemented on the basis of their contributions, the inventors and their legal successors still have the right to request compensation; but they need to provide evidence of the connection between their contributions and the implementation of the patent, and pay attention to the statute of limitations for litigation.

Q5: Is it reasonable for the unit to say that the salary already includes compensation?

This is usually unreasonable. Bonuses and compensation are independent rights stipulated by patent law, and the unit cannot simply refuse them on the grounds that the employee has already received a salary or that the work is part of their regular duties, unless there is a legally valid agreement or a system that explicitly includes such provisions.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.