Research On Ownership Rights Of Inmates’ Inventions

Inventions are the intellectual property of prisoners, clear the ownership rights of the prisoners’ inventions, is also an important part of the intellectual property ownership system. Reasonable protection of prisoners as the intellectual property owners and inventors, is a reflection of the values of respecting for labor, knowledge, talent, and creation, which is of great practical significance for strengthening the creation, management, use and protection of intellectual property. At the same time, establish and perfect the ownership right of prisoners’ intellectual property system is also a prerequisite for prompting the self-transformation of criminals, improving the quality of the prisoners’ transformation, and maintaining prison security and stability, which has a positive effect on scientific, civilized, standardization of prison work. China’s patent law does not specify the nature and ownership rules of prisoners’ inventions. And the country’s prisons have misconceptions or different perceptions on this issue, resulting in the situation that vastly different practice on prisoners’ ownership rights. In this paper, there are four chapters, including collecting and empirical analysis of typical cases, definition on the legal relationship of labor reform, analysis on ownership allocation rules of service invention, and analysis on the ownership nature and defined standards of service inventions "within the prison", to probe this issues. On the basis of the argument that legal relationship of labor transformation consistent with the definition of legal relationship of labor in the meaning of labor law, as long as the prisoners’ inventions meet the general standards of service inventions’ definition, they can be classified as service inventions. And the rest is classified as non-service invention. Service invention "within the prison" has some special place, such as the special status of inventors, special place of inventive activities, special employer of inventors and so on. Thus, compared to the general duties invention, it is more complicated to define the ownership issue. How to define the nature of the prisoners’ inventive activities, and how to understand the relationship between prisoners and prisons in the process in the process of inventing, is the key to determine the ownership of prisoners’ inventions. Therefore, this article will fully analyze the particularity of the service invention "within the prison", then, try to proposed the standard for determine whether the prisoners’ invention can be classified to service invention, thus, to provide realistic advice.