Study On The Right Ownership Of Service Invention-creation

The service invention system is the product of social development and scientific & technological progress. The right ownership of service invention-creations isn't only relative to the benefit of employers and employee-inventors, but also has important impact on the incentive mechanism for innovation and scientific and technological progress of the whole society.In modern society, the greatest characteristic of the technical development is that more inventions are finished on duty than by individual. Correspondingly the quantity of the service inventions should constitute the overwhelming majority in the patent applications and authorization. While there is an unusual phenomenon in our country that service inventions are far less than those finished by individual. The main reason can be attributed to the problem of our service invention system. The aim of this study is to find a way how to improve our existing service invention system, so as to better stimulate innovation enthusiasm and promote technological innovation.This article introduced the history of the service invention system and two models of the ascription of service invention-creations in the world at first, then analyzed the right ownership of service invention-creations from the perspective of jurisprudence. And then the article focused on the analysis on the main problems of our country's service invention system and the cause of them. Subsequently, the article analyzed the suggestion of a system of joint ownership on the service invention, as be put forward by many scholars and pointed out that the system should not be widely implemented. At last, this article put forward some suggestions to improve our service invention system, such as enhancing the right of inventors to receive remuneration of service invention, richening the forms of remuneration, establishing service invention reasonable compensation standards, build a clearer disputes procedure and to endue the inventors with priority to apply the patent and purchase the service invention-creation.