Research On Chinese Employee Invention Remuneration System

Contemporary society is in the era of knowledge-based economy. The degree of social development more and more depends on the degree of technological innovation, and, the main criteria to measure the capability of innovation of a country is the total number and rate of implementation of the employee inventions. In the developed countries the number of employee inventions, among all the granted inventions, is overwhelmingly dominant, and in our country the proportion of the employee inventions is relatively low, and the gap between our country and the developed countries is big, mainly due to the fact that our employee invention system is not perfect, and the law can’t provide adequate protection for employee inventors. The key to solve the problem of low proportion of employee inventions in our country is to improve the employee invention remuneration system.The general theory of the employee invention remuneration system is described in the first part of this thesis. Firstly the legal basis, the nature, and the basic principles of employee invention remuneration are introduced. Through the analysis and research of the theoretical basis, better guidance and solution to the problems met with in the process of perfecting the Chinese employee invention remuneration system are achieved. In the second part the current status of the Chinese employee invention remuneration system and the existing problems are analyzed. The system is investigated from the aspects like the generation of the system, and provisions of the existing laws. Through some typical cases the problems that exist in the current employee invention remuneration system are analyzed. A comparative study of the foreign employee invention remuneration systems is then described in the third part. The analysis of the advanced systems of the developed countries such as the United States, Japan, Germany, France, etc., provides some inspirations and references for our country. Finally several ideas are presented in the fourth part on how to improve the employee invention remuneration system in China. The problem is investigated from the legislative, judicial, and system construction aspects.