The Study On Remuneration Of Employee Inventors

With the rapid development of science and technology, human society has bid farewell to the traditional industrial era into the era of knowledge economy, technological innovation has become a key factor in promoting social and economic development. Companies, as the main competitors in global economy and the leader of modern invention, has become the driving force of technological innovation. As an important part of the service invention system, the remuneration is directly related to the distribution of the interests between employers and employees. The enthusiasm of creating and operating intellectual property largely depends on the rationality of the system.Viewing from the point of theoretical basis and detailed regulations, our remuneration regulations are lack of rationality. With the publication of service invention regulations(draft), remuneration has become the focus topic. However, the existing theory and regulations, which formed in industrial age, did not take the changes of technology and the characteristics of knowledge economy into consideration. With the development of science and technology, human society has entered into the era of knowledge economy, network technology, gene technology, electronic technology, new material technology deeply influenced the development of human society. Due to the close connection to the technology, patent system should follow the progress of technology. Therefore, we should accelerate the innovation of the patent system to adapt to the new characteristics of the knowledge economy.After studying the articles and relevant cases, this paper will analyzes the logical loopholes of existing theory, reconsider the process of intellectual property management and the purpose of the patent system. Then, it points out that the current regulation and the optimization tips of scholars are not conducive to a balanced distribution of interests between employers and employees. Finally, by citing the different service invention regulations and the remuneration in Britain, Germany, the United States and Japan., I suggest to reconsider the legal nature of remuneration rights of employees, build a classification system of service invention, in order to form a reasonable benefit distribution mechanism.