Dodging service invention disputes

The PRC Patent Law (中华人民共和国专利法) and Implementing Rules for the PRC Patent Law (中华人民共和国专利法实施细则) (Implementing Rules) have drawn our attention on rewards and remunerations for inventors. The Patent Law stipulates that employers shall pay reasonable rewards and remunerations for inventors of a service invention and the Implementing Rules explicitly governs the amount. For purpose of encouraging technological innovation and industrialisation, the change will definitely lead a positive role in motivating employees' initiatives and promoting the development of social productivity. However, it will also bring certain challenges to many employers in its internal compliance for reward and remuneration issues in China, especially when the Blue LED case in Japan resulted in a Rmb70 million (US$11 million) settlement.

If 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, is the employee entitled to request the court to modify or even revoke the remuneration clause and request some additional remuneration?