| In China, we adopt to the principle named “the employer first” on the design ofthe service invention patent, which tends to protect the interest of the unit and ignorethe employees’ rights. This rule leads to the lower amounts in the application andauthorization of service invention than some developed countries. This thesis analyzesthe problems exiting in our distribution system of Service Invention and then putsforward some proposals to improve the ownership system of our Service Invention.The paper structure is as follow:Chapter One: Elaborate the concepts of Employees Invention in differentcountries, such as China、America and Japan, together with its features. Then make adistinction between the Employees Invention and some other confusable concepts.Chapter Two: Make a brief introduction of the ownership system in somecountries, including China、America、Japan、German、France and England.Chapter Three: Analyze some problems existing in the distribution system of ourService Invention and straight after which is the suggestions of how to perfect ourdistribution system.Chapter Four: It is the epilogue that concludes the above content and shows theauthor’s viewpoint again that implement the contract priority mode rather than theemployer priority mode as well as narrow the defining scope of our Service Inventionto strengthen the protection of inventors. The significance of the article is analyzing the problems of our existing system ofservice invention patent ownership through the comparison with other countries andproposing some advice to reform it to balance the interests between employees andemployers so that both of them can engage in the invention more positively.The innovation of this thesis lies in two aspects. First, respect the autonomy ofcivil subjects and allow them to decide the ownership by signing contract if only itscontent not in violation of the law and social morality. Second, we should provide themaximize protection to employees by giving them more rights. |
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