Talking About The Question Of On-duty Invention’s Patent Ownership Disputes

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.The system of on-duty invention is the product of social development and advance of science and technology. The right and division of interests in on-duty invention not only impact the relationships of employer and employee who is the inventor, but also affect invention incentive mechanism, even the social development.The essay can be divided into three parts except the Introduction and conclusion. The first part of the article makes a detailed introduction on the case and the case for trial, including the Introduction of the case, the result of the case and the disputes focus. The second part of the article is jurisprudential analysis on the case. Chapter one summarizes the patent ownership dispute, including patent dispute, patent ownership dispute and som other disputes. Chapter two make an analysis on the differences between on-duty invention and non-duty invention. From the perspective of dispute, the comprehensive is discussed in this paper. The third part of the article makes an evaluation on the current system of on-duty invention’s patent ownership dispute, and give some advices on the improvement of on-duty invention’s patent ownership dispute. By means of the analysis of the case, the essay points out the current system of on-duty invention is not perfect, and gives some advices on the distribution of interests, regulating the state-owned institutions and government funding position inventor incentive mechanism.