The Research In Invention Remuneration Problem

With the advent of knowledge economy, science and technology innovation has become the era development benchmarks. In our country, is an important invention created a hotbed of independent technological innovation, and is the inventor or creator duties in the major independent technological innovation in the development of the times of engine, plays a decisive role. Invention patent quantity is a measurement to a country's innovation ability, foreign developed countries the main criteria of patents and in an application for a patent for invention account for the vast majority, majority. In contrast,The amount and rate of China's invention is relatively low. This gap is mainly caused by the patent law of China and the relevant laws on the position of the inventor or creator rights protection system is not perfected, not enough protection, of which the most outstanding performance are currently in the invention problem solving way is the key problem invention remuneration.After our country founds a reward system was established by the state science and technology to the prize of scientific and technical workers awards and bonus, The invention compensation system of China began in 1984 issued patent law of the People's Republic of China and the detailed rules for the implementation of patent law promulgated by the Technology incentive system and invention is greatly different from remuneration system, both the biggest different depend on units according to law must be paid to post is the inventor or creator corresponding invention remuneration, if not legally pay duties inventor or creator, may, according to law, claiming it get completely invention reward rights; but the position in scientific and technical prizes inventor or creator is not always able to receive rewards and get no rewards in no claim shall be rewarded according to the law. About the nature of invention remuneration there are three theories: labor compensation claims object said, and intellectual property object said. With labor compensation claims object said it also has its natural blemish, the author put positioning for invention remuneration more fair and reasonable intellectual property object more conducive to the realization of the patent law, the purpose of legislation. That way, on the one hand, to post inventor or creator invention the realization of the right to remuneration; On the other hand, many pay not only helps improve its innovative enthusiasm, the more will arouse the enthusiasm of its improved the original patent. Meanwhile, the inventor and designer duties enthusiasm will make unit pay patent updates faster, more patent benefit, will eventually be able to achieve an inventor or designer duties with unit win-win results.At present our country of invention reward in the following problems: main existing patent law relevant laws, rules and regulations and policy documents more, but the relevant provisions and because chaos, called resulting conflicts even different in practice hard to operating. Laws on units and position of the inventor or creator imbalance right distribution, which is shown in the patent invention patent and are attributable to the unit, and the extraction of invention remuneration rate is low. Invention remuneration, a calculated difficult award, two kicker implementation of difficult to achieve the invention remuneration payment lack of enforcement measures and related remedies flaw. In this paper, the international invention compensation system on the basis of comparison with reference to improve and implement system of invention remuneration in China has made the following proposals for resolving: first, regulate related invention remuneration legislation to the patent law as the core gradually unified contract law, the detailed rules for the implementation of the patent law of technological achievements with rules and local syn-gas production legislation in the relevant terms and called and standard to change China's current position compensation system exist, each bull legislation, split asunder, and even conflicting regulations in this chaotic phenomenon, phenomenon. Then, to raise the proportion of invention remuneration, rich the form of invention remuneration, on one hand, improve the invention remuneration extraction proportion limit, and keep the next have not capped capped whereas, the proportion of extraction method.On the other hand, enrich the realization of invention compensation can be forms, such as income into shares or investment proportion, may be stipulated by the parties concerned other forms of payment, etc. within the limits prescribed by law, fully respect the position of the inventor or creator and unit autonomy. The last and most important, without relief without the right, this is an old adage, therefore to improve the legal invention reward amount of calculation method and clear and perfect the judicial invention pay dispute solution methods.