A Research On The Distribution System Of Employee Invention Property Rights

Inventions play an important role in pushing the development of economy and society. Employee inventions, which take the leading status both in the quantity and the quality of inventions, would decide the final result of the world economy competition. Studying the distribution of employee invention property is, to some extent, studying the inspirit mechanism of technology innovation. The reasonable property distribution system is not only a great encouragement to the inventor but also the embodiment of the harmonious management. Such a system would also promote the efficiency of our country's technology innovation.For some historical and political reasons, our country does not have effective inspirit mechanism and distribution system of technology innovation. Such situation seriously blocks the economic development. With the coming of knowledge-economy, it takes more challenges for us to upgrade the quantity and quality of employee inventions. As a result, the purpose of the dissertation is to shed light on some suggestions on amending the articles about employee inventions in our country.With several statistic graphs, the dissertation analyzes the systematic drawbacks of the property distribution system of our country's employee invention. It pointes out that the present legal system has the following problems: misunderstanding, improper operation, unfairness and inefficiency in guiding theory, less encouragement to inventors and core managers.The background and specific rules and regulations of United States, Japan, Germany and Russia are introduced in the dissertation, as well as the analysis and review of their advantages and disadvantages.The importance of reasonable property rights system has been emphasized by the dissertation, which put forward that it should take balance between encouraging inventions and protecting the rights of employer and the country. A combined distribution system should be set up primarily on the base of contracts, core managers of the corporation would be considered as part of subject of ownership of employee invention property distribution. The purpose of the dissertation, is to analyze the present legal system and seek for effective methods to perfect it, considered with foreign experience and domestic legal practice. Only through that, the advantage in quantity of patents could be transformed into numerous high quality patents, the patent competition power of our country's corporations could be promoted quickly.