Improvement On The Rights Of Service Invention System In China

The form of inventions is different from what it used to be.It was originally a separate personal form.Now it is a form of teamwork.According to the normal situation,the position of China should now be varied.However,the reality does not seem to be.According to the statistics of the State Intellectual Property Office,China's job inventions are generally not as good as non job inventions.There are many factors to form this situation,and the system should be the root cause..Therefore,how to improve the system of job inventions in China,stimulate the enthusiasm of the inventor,guarantee the legitimate rights and interests of the inventor,and promote the innovation of social science and technology is of great significance and worth deliberating and thinking.The establishment of service invention mechanism helps to promote the development of China's innovation cause.However,at this stage,the level of independent innovation and patent protection in China is still relatively backward,and there is still a gap compared with the western developed countries,which is not disputing the facts.In order to further promote the development of China's innovation,the legitimate interests of the patentee should be maintained at all levels,and more systematic laws and regulations should be arranged,especially the perfection of the system of attribution of the right to the duty invention and the implementation of the reward reward system.This will stimulate the creation of higher quality inventions,which will certainly promote our economic growth and drive and enhance our comprehensive national strength.The standard of the identification of the job invention and the standard of interest distribution is mainly taken into consideration in two aspects: from the angle of"patent law",it is necessary to encourage innovation to promote the innovation achievement to the market;from the angle of "labor law",the legal rights and interests of the workers(inventors)are guaranteed.From this point of view,"the task of carrying out this unit" refers to the organization that arranges the character to a person,the invention of the person in the process of completing the task,when the unit has all the rights to use the invention,the inventor can get a certain material return or capital;"mainly use the material technology of the unit." Conditions ",the final use of the unit's core technology or non core technology is clearly separated,or other materialconditions,according to the specific circumstances,to make clear who is the true owner of the patent.Because of the influence of various factors,the time of China's entry into the post of job invention is not long,and the system of the right to belong to the job invention is to be perfected,and the scholars' attention to the reward and reward is not high.In the judicial practice of our country,there are many disputes about the ownership and reward of the rights.Through consulting the information and collecting the literature,we find that there are still defects in the patent law and the implementation rules of our country.This paper mainly uses the methods of induction and data analysis.On this basis,we have deeply studied the defects of the right to belong to the duty invention and the resulting phenomena at the present stage of our country.At the same time,a comparative analysis method is adopted to study the service invention system in western developed countries,so as to find a place worthy of our reference.Finally,starting from the basic national conditions of China,this paper puts forward some ideas for perfecting the ownership system of service invention rights in China.