Study On Ownership And Benefit Assignment Of The Patent Right In Industry-University-Research Cooperation

At the age of knowledge economy, technology innovation has become a decisive force in economic and social development, key enterprises to win market competition, the country to win the world competition are embodied in the technology innovation ability and the scientific and technological achievements transformation rate of increase. Cooperation as an effective carrier of technological innovation, is an important approach to innovation driven development strategy, building an innovation oriented country implementation of the state, its core is the patent of R&D, flow and transformation. The patent right has become a key subject of rights of cooperation, but also with the cooperation of patent sharing some conflict, cooperation, the innovation subject according to the ownership of the patent right and the distribution of benefits disputes, seriously restricted the sustainable development of cooperative stability. Therefore, in order to make the cooperation of steady development, scientific and technological innovation capacity rising, a pressing matter of the moment is to perfect the ownership of the patent right and benefit distribution law.This paper uses the literature analysis, inductive method and comparative study method, through the collection and analysis of domestic and international cooperation in research of patent ownership and benefit distribution of documents, the relevant legislation on China’s current legislative system and the United States and Japan, Germany’s in-depth understanding, summed up the current law in China and its specific provisions, and the comparative study of the legislative differences between China and the United States and Japan, Germany, in order to improve the production study research cooperation in the ownership of the patent right and benefit distribution of legal system of benefit.Based on the concept of interpretation, to current legislative framework, using the main patent ownership and profit distribution, cooperative financial funding projects between the ownership of the patent right and the benefit assignment, invention patent ownership and benefit distribution as the main line, analysis of the specific provisions of different ownership of the patent right and interests the distribution of the three case, summed up the legal system is not perfect, fuzzy, ownership incentive mechanism is not in place three main flaws. At the same time, the relevant legislation on the United States, Japan, Germany and China are analyzed, to draw on useful experience. Finally, in order to improve the production study research cooperation in the ownership of the patent right and benefit distribution of legislative suggestions, hope can effectively solve the patent cooperation unclearness, unfair distribution of benefits and other issues, mobilize the enthusiasm to improve innovation, cooperative innovation efficiency, enhance China’s capacity for independent innovation..