Research On The Legal Relationship Of Patent Transfer In Universities

Science and technology is the major productivity in the time of knowledge-based economy. The competition of technology has become the key to the national comprehensive strength. As the only way to make profits in the intellectual property system, patent transfer has drawn a lot of attention in the worldwide. Being a significant part of social innovation headstream and national technology creative system, university maintains a huge research resources and scientific research. If the patent for invention in the university can not be effectively transferred, those achievements would be wasted virtually.This paper works on the patent transfer legal relationship in universities. Firstly, few relevant concepts and basic principle should be defined; In the second part, the subject and object of patent transfer legal relationship in universities are analyzed respectively; The third part is focus on the content of the legal relationship on the patent transfer in universities which namely involves the rights and obligations. It specific explores the rights and obligations relations in the assignor, the inventor, the assignee and the investor separately; The fourth part analyzes the patent transfer legal relationship of American universities and brings up the advanced experience in American; Given the analysis of the above argument, the fifth part provides the reasonable proposal of the assignor, the inventor, the assignee and the investor in patent transfer legal relationship in universities respectively. In the end it also gives legislative proposals of laws and policies referred to the patent transfer in universities.After the analysis of the legal relationship in universities in the paper, it puts forward suggestions for promoting patent transfer in universities of China as follows: Firstly, it involves proposals on the subject of patent transfer legal relationship in universities. It should accelerate the process of “administration overreach removing” in universities and give more autonomy to universities; It should inspire the passion of the enterprise toparticipate in process of the patent transfer in universities; It should clarify the legal status of intermediary service agencies to play its positive role. Secondly, it involves proposals on the object of patent transfer legal relationship in universities. The application process and application scope of the invention patent should be clarified. Universities should be selective when it comes to patent applying so it can improve the quality of patents. Thirdly,it involves proposals on the rights and obligations in patent transfer legal relationship in universities. The property right for the government investment projects in universities should be clarified; The legislative condition when governments do “March-in” right needs to be specified; The right of service inventor to earn rewards should be guaranteed.In the last, the relevant legal and policy of patent transfer in universities should be reinforced.