Legislative Consummation Of Duty Invention Incentive Mechanism

Today the invention is the important force to promote the social progress, The quantity and the quality of the duty invention occupy the dominant position, which is the influential role in the world economics competition. However, What does not totally with the characteristic of this time: Duty invention quantity are fewer, the duty invention patent is lower than the non-duty invention patent by far. This phenomenon is due to duty invention incentive mechanism's legislation is unreasonable in our country. This article research the duty invention incentive mechanism's legislative pattern and its questions in practice in our country. Firstly, the author think that the right of our invention application and the patent belong to the unit are correct, Then gives some suggestions about legislative consummation. This article has four chapters besides introduction and conclusion.The first chapter is about the summarization of the duty invention, the author introduce briefly development of the domestic and foreign duty invention system, the legal base, the concept and characteristic and the duty invention incentive mechanism definition and the ways.The second chapter is about the external duty invention incentive mechanism's legislative pattern and the analysis, introduced successively incentive the inventor legislation pattern, the incentive unit legislation pattern, the compromised incentive legislative pattern . Conclusions comes through the diagnosis: Which Suits this national condition The legislative pattern could be able to play the role in driving duty invention quantity , and the national economic potentiality and the duty invention quantity of patent is proportional.The third chapter is about our duty invention incentive mechanism's legislative pattern and the question analysis, obtaining through the investigation and analysis: The right of our invention application and the patent belong to the unit all are correct, but it has some the deficiency or unreasonable in the law causes that our duty invention quantity is lower. The main questions are that the scope of the duty invention is width, the reward right has the problems, the patent procedure stipulated does not make concrete.The fourth chapter is about legislative consummation of duty invention incentive mechanism. the author give some suggestions of the legislation consummation , for example: "the duty invention finished after leaving the unit one year" is recognized for the non-duty invention; "a prize two reward" the execution changes to "the unit", simplify the reward datum and the refine operation; And increases the rules and regulations for the duty invention owner after obatainding duty invention patent.