Study On The Ownership System Of The National Defense Patents

With the new "National Defense Patents Ordinance" enacted, the model of State have the ownership of the national defense patent is broken, and the diversification of main has become an inevitable trend. National defense patent is a special patented invention, the concentration of ownership of the system reflects the national security strategy and national defense interests of the economy. The world's major military powers adopt the "principle of decentralization"in building on defense of the patent system. That means, under normal circumstances, the ownership of the national defense patent attributed to researcher, at the same time, State enjoy a part of priority in usufruct. At present, the defense patent theories have not form a conclusion in Chinese academics. On the whole, the thinking of the ownership of national defense patent attributed to State is still the guiding principles on work in national planning economy age. In practice, there are some direct and real problems such as "second payment", military enterprises and service invention, because of the legal system, administration, personnel training were not perfect. This article analysis the system of the attribution of national defense patent building, combined with the actual problems that exist in forward proposals to improve, from the national security strategy, economics perspective, Comparative Law and Jurisprudence perspective.