The Study About Protection Of Inventor's Interests In Service Invention-creation

Invention play a very important role in promoting social progress and development. Meantime , employee invention occupies the dominant position which can not be shaken in the invention. However , the ownership of interests and values created in employee invention decide and affect the rights of inventors. So to study how to well protect and improve the inventor's rights mechanism will have a major impact on scientific and technological advances of the whole society.In China, due to historical and institutional reasons, we are short of effective measures to encourage invention, the distribution of benefits programs and a strong protection mechanism to protect the rights of inventors in the Duty Creation. These not only benefit the inventor play to their creativity, but also to some extent, influence and impede technological progress of our society. With the increasing development of knowledge-based economy, the main way to solve the problem of technological innovation is to protect the enthusiasm created by the inventor and to stimulate their creativity. Therefore, in order to better stimulate the enthusiasm of the inventor to create, promote technological innovation, promote scientific and technological progress, how to solve the problems of the rights protection of inventor becomes the significance of this study.For lack of rights protection of invention in the present stage of China, with the analysis of the provisions of national patent laws protecting the rights of the inventor, bases on the briefly describes the ownership of policies of interests and values in Duty Creation of China, this paper thinks that the inventor of the personal rights and property rights protection is not clear ,there are some questions such as unbalanced distribution of benefits and incentives shortage and so on in our country's existing legal system.The first part of this paper mainly describes the values of Duty Invention, summarizes different types of the ownership of Duty Inventions, adopts "employer first " type of ownership model in our country, come to conclude that efficiency and fairness are our values of Duty Invention , at the same time, it also meets the request of the most basic China's conditions.The second part of the paper starts from the analysis of the necessity and feasibility of the protection of inventions'rights and interests, Points out that the need to strengthen the protection of personal rights and property rights of the inventors, and , Notes that protection of the inventor of the personal rights and property rights is to protect the basic rights of the inventors, furthermore, puts forward that the ownership of interests existing system infringes personal rights and property rights of inventior.The third part of the paper mainly analyzes national patent laws that protect the rights of the inventor of the system, combining with China's national conditions, draws to its essence. For example, we can learn from Japan has the introduction of mandatory measures to protect the inventor (employee) of the legal rights and interests; the United States protects the legitimate interests of inventors by adjusting the duration of patent protection; German makes clear that the attribution of rights to protect the legal rights and interests of inventors; France protects and encourages the legitimate interests of inventors by establishing pluralistic remuneration system.?Facing the situation of the personal rights and property rights of inventor in China's real environment "strong unit, weak trade unions " , firstly , the personal rights of inventor is violated and ignored, Secondly ,the inventor's property rights in the service invention is that Invention patent Spaces around high-rise flats belong to unit is preferred and the inventor's rights are not deserved protection because the low economic status and the lack of information lead to the unfair phenomenon.The fourth section presents the views of this article——China's current patent law should be more focused on the protection of interests of the inventor, it points that we should put protecting the moral rights and economic interests at the first place to protect the inventor. And then makes clear between duty invention and non-duty invention; Improves the form of share gains results from the designer or inventor; at the end of this paper recommends that make clear legal remedies means of the rights of inventors and Strengthen the specific rules of legal construction for the rights of the inventor.Start of improving ownership of inventions in the proposed invention of protection issues in the interests of the inventor, this paper aims to update the concept of legislation and the implementation details about patent law. With foreign advanced legislation to protect the spiritual and material of the inventor, this paper aims to establish and improve China's inventor's rights protection system.