一、问题的提出一项发明创造申请专利前的首要任务之一是确定其权利归属问题,即是职务发明还是非职务发明,因为这个问题涉及到国家、集体、个人三者的利益,只是处理好这个问题,科学地划分职务发明与非职务发明的界限,才能真正保护单位和个人的合法权益,充分调动人们创造发明的积极性。准确地判定发明创造的权属在产权保护过程中、专利管理中以及司法判案中都具有重要意义。《专利法》、《专利法实施细则》、《技术合同法》对职务发明、技术成果和非职务发明、技术成果都有明 First, the issue put forward An invention before creating a patent application is one of the most important task is to determine the ownership of their rights, that is, the invention or non-service invention, because the issue involves the interests of the state, the collective, individual only deal with Well, this issue can scientifically divide the boundaries between post-invention inventions and non-service inventions so as to truly protect the legitimate rights and interests of units and individuals and to fully mobilize the enthusiasm of people in creating inventions. Accurately determine the ownership of inventions and inventions in the process of property protection, patent management and judicial decisions are of great significance. The Patent Law, the Detailed Rules for the Implementation of the Patent Law, and the Technical Contract Law have clear guidance on the inventions of their posts, technological achievements and non-service inventions and technological achievements