The Research On The Identification Of Employee Invention And Employee Invention Reward Of Our Country

A perfect employee invention system can balance the conflict of interest between employees and employers. Then it’s also helpful to enhance employee enthusiasm for innovation, optimize the allocation of resources and promote our progress of science, technology and economic development. The identification of employee invention and employee invention reward are the most important parts in improving employee invention system. Based on the “ Zhang Weifeng vs. 3M”, this paper research the employee invention’s identification and employee invention reward system from two aspects of law and application, so that it can be useful to help us solve the same problems and improve our employee invention system.According to the law, we can find that there are two standards about the identification of employee invention: “responsibility standard” and “resource standard”. And it’s easily to judge the invention in“Zhang Weifeng vs. 3M”is employee invention depends on “responsibility standard”. Then by analyzing the law, it’s clear that our identification of employee invention prefer to protect employers’ interests rather than employees’. This led some problems :the scope of“Employer” in our laws and regulations is defined too broadly, the meaning of "Own work" is not clear,the limit of time is not scientific and so on. Therefore,we should grasp the relevant standards of “employee invention’s identification” in practice. At the same time, this paper also makes some suggestions about improving employee invention system: such as the identification of employee invention should impose "convention priority" principle, the standard of employee invention should be more explicit.Employee invention reward system is the core of employee invention system.And “one prize, two reward” is the core of employee invention reward system.Then according to the characteristics and trends about the law of employee invention reward system,we can find our reward system is more and more emphasize protect the interests of the employee inventor, and legislation is also better. But base on“Zhang Weifeng vs. 3M”,we can find there are still some problems about our employee invention reward system: the character of “employee invention reward”is not clear,“Convention priority”system ignores the status between employers and inventors is unequal,we don’t know how to figure out the reward is more reasonable and so on. If we want to solve these problems,we can confirm the character of“employee invention reward”in the law,impose restrictions on “Convention priority”,establish a reasonable computational formula,build a system to protect employee inventor’s right to know and so on.