The Research On The Management Authority Of Service Invention

As far as the protection of Intellectual Property, its management authority system is considered as the basis. The core of the Intellectual property system is to protect the benefits of intellectual property owners as well as the inventors. While the first step of the protection of Intellectual Property is to define the property. As to the protection of service invention patents, what ranks first among others is to distribute the property in a reasonable way and to achieve a balance of the interests. In other words, the improvement of the service invention patent ownership system is essential to the protection of service invention.This paper tries to make a detailed study about the service invention ownership system from the following perspectives: an introduction of the service invention system, the legal basis of the service invention patent ownership system, a contrast study of the service invention patent ownership system between China and western countries, the deficiency and the improvement of the service invention system of in our country. The author holds the view that inventors should be given priority protection because they are playing an irreplaceable role in the service invention.The application of the service invention in our patent law is rather broad. The provision concerning the franchise ownership achieved mostly in use of the material and technical conditions of one's company needed to be further improved. The problem is that how to gain rational allocations of franchise ownership in the case that there is no undertaking or the judgment of service invention is out of the question. Under such circumstance, the interest of the inventor can not be guaranteed and the interests between the company and the inventor can not be allocated in a rational way. For these reasons, the author proposes that the application of the service invention should be adjusted to some degree and the supplementary system of rights declaration should be established. We should fully protect the interest of the inventor in order to encourage innovation and promote economic growth.