The Research Of The Award-reword System In ?Employee Invention Regulations(Draft)?

With the deepening of economic globalization,The competition between countries and countries are increasingly fierce,And,It is undoubtedly that improve the innovation ability,has a strong science and technology innovation ability is very important yo indicate national competitiveness.In our country,the potential of technological innovation ability is enormous but not into the competitiveness.Because the system of regulation is unreasonable.The system support the wrong guide to the scientific and technological innovation,especially for the balance position between the inventor and employers' rights and interests of the deficiency in the system of post invention rewards.It unable to effectively protect employee inventors rights,balancing the benefits of scientific and technological innovation.Human resources are the important of the social development especially in the field of scientific research.Lack of human resources actively create and dedicated inputs will not be able to realize the transformation of scientific and technological innovation and technology.Therefore,it is necessary to provide a system for building an innovation-oriented country.It can protect the rights of the inventor,improve the working enthusiasm of the inventor.Employee inventors in our country is in the absolutely disadvantaged circumstances,in order to safeguard the rights and interests of employee inventors,our country formulated the "Patent Law",“The implementing rules for the patent law”and administrative rules and local laws,protecting the rights of the inventor through the legal system.But there are many wrong place in employee invention award-reword system through the legislation and judicial practice.In order to refine the post invention reward system,and promote the employee inventors enthusiasm,the "Employee invention regulation(Draft)”emerge as the times require.The first part of the paper is to analyze the historical origin of the service invention reward system,and concludes that the system has its own characteristics and its legal principles;Secondly,starting from the status of our service invention reward system,to find out the the lack of research of present invention reward system of legislation,judicial practice and the system implementation,so that our country can make the conclusion that we need to improve the system.Moreover,analyzing from our position on the reason for the invention rewards system problems,and get the importance of clear ownership in the distribution of bonus,and making a difference between state-owned and private enterprises,.Demonstrate the reward system should meet the needs of different nature of the unit,and puts forward the problem of the lack of standardized operation in the reward system.And draw on the experience of foreign countries,put forward advice to refine"Employee invention regulation(Draft)”.