Research On The Ownership Rights Of Employee Inventions

The ownership rights of employee invention mainly solves the problem of intellectual property rights.The employee invention is the core content of the intellectual property rights system.The essence is the adjustment of interests between the inventor and his unit.At present,the dissertation uses four parts to analyze the problems appearing in the ownership of employee invention.Then,it looks squarely on the tendency of Pro-employers doctrine and improves our present intellectual property right system.Part One summarizes the ownership rights of employee invention in our country.On one hand,it points out that the ownership rights of employee invention is in the narrow sense,which is limited to the invention of patent law and exterior design contents.The characteristics of the employee invention is objective,specific and conscious.At the same time,it combines the historical evolution of Article 6 of the Patent Law.Part Two is introducing the status qua and existing problems of ownership of employee invention.We all know the basic principle of distribution of right ownership in the process of employee invention include the balanced interests and fairness of efficiency.For another thing,it is important to introduce the duty standard and resource standard in Article 6 of the Patent Law as well as legal provisions and operation.However,the main problems existing in the ownership of the invention patents are the broad criteria,the unbalanced distribution of rights and interests,and the lack of connection between the ownership of employee invention and the transformation of achievements.Part Three selects Anglo-American countries Britain,the United States.On the other hand,the civil law countries Germany and France are the representative of the developed countries.Above all,common law countries and civil law countries belong to the right of invention all have a far-reaching impact on our country and this part seeks to summarize and study.Part Four would like to give some suggestions to complete the ownership of employee invention.It is important to balance of interests and for efficiency.We should affirme the legal status of Pro-employers doctrine on the basis of keeping the existing framework basically unchanged trends.Also,balancing the distribution of rights and interests created by the employee invention is a good way.Finally,we pay attention to strengthening the link with the transformation of achievements so as to safeguard the legitimate rights and interests of the units and inventors.