Research On Service Invention Reward System

Service invention award is invention award and the post invention reward collectively, invention award refers to the post invention was granted a patent right shall be based on laws and regulations specified payment to position the inventor or Designer Award; Duty Invention Reward refers to the post invention inventor or designer for completing duty the invention and creation, in the implementation of the post invention patent profits obtained in a certain economic benefit. The post Invention Reward System intellectual property system is an important system, can fully arouse the inventor’s creativity, promote the innovation of social technology, has the vital significance. Our service invention reward system due to the inventor or designer and unit status inequality, reward dimension authority cost is high, the legal remedy barriers, difficult implementation of duty invention award. In the Anglo-American legal system, the United States has a variety of system fully protect the rights of the inventor, such as trade unions system; Britain attaches great importance to the invention the compensation, the compensation made detailed provisions. In the continental legal system, Germany, Japan and other developed countries are on duty invention incentive payment program made specific provisions. The developed countries on the service invention reward system regulation, we should study hard to draw lessons from. Our service invention reward system is not perfect, although the law provides a reward payment standard, but there is a lack of practical problems, legal relief. At present the proportion of on the low side; the law award reward payment standard, light compensation payment procedure; excitation light compensation unit award; Duty Invention remuneration calculation difficult; over-reliance on the unit and the inventor or designer agreement. Proposed amendments to patent rules eighty-five and local laws and regulations, increase the intellectual property administrative organ administrative ruling power, strengthen the reward to achieve legal mechanism; the implementation of Service Invention Award Registration; perfect service invention reward amount calculation method; exert the function of unions, safeguarding workers’ rights; perfect service invention reward system relief way; clear duty the inventor or designer after leaving the compensation payment.