Research On The Ownership And Benefit Sharing System Of The Job Inventions

The system of right attribution and benefit-sharing in service invention is the most important legal system in patent law.It is also the core legal system that encourages innovation and promotes innovation.In this regard,the right attribution system will be the cornerstone of the benefit sharing system,and the interest sharing system will also react to the ownership system.The two are closely related and interacted.At present,the legal mechanisms of the system of attribution and benefit-sharing in our country are still the main problems of employer-employee,enterprise-inventor and designer.This paper tries to find out a scientific way of settling disputes and balancing interests by means of the theory of prisoners' dilemma and Nash equilibrium in economics,so that the two sides can achieve the result of mutual benefit and win-win.On the one hand,for inventors and designers,they can stimulate their enthusiasm for invention and creation;on the other hand,they can enhance the core market competition for enterprises' products and service on the other hand.Also,there is a coincidence that the state is vigorously encouraging innovation and major policies.The main contents of this paper are as follows:The first part is introduction,which mainly introduces the background and significance of the topic,the domestic and foreign research review,and the definition of the research object.The key is to define the research object of the service invention system,including the service invention system,the right ownership system,the benefit sharing system and the right attribution.It is a prerequisite for benefit sharing and an analysis of the service invention system from the perspective of economics.The second part: the status and problem analysis of the right attribution of service invention.It mainly introduces the concept of service invention,the legislative status and problems of the right attribution,and gives an example of how to concretely judge this problem in judicial practice.The third part: the analysis of the benefit sharing system under the attribution mode of the service invention rights,enumerates the specific provisions of the relevant laws and local regulations,and expounds the legislative evaluation of laws and regulations.The fourth part: the general situation of the legislation of the service invention patent system,mainly introduces the employer priority system,the employee priority system and the compromise mode,which enlightens and draws lessons for the service invention system in China.The fifth part: the optimal choice of the ownership of the right to job invention and the benefit sharing.This paper mainly introduces the Enlightenment of the prisoner's dilemma in economics and the Nash equilibrium theory on the system of post invention.It is proposed to share interests under the common share ownership mode,protect the rights and interests of the inventors and designers in the form of shares,and at the same time,retain the innovative talents for the units,so as to achieve a win-win situation at last.