The Research On The System Of Service Invention Ownership Of China

The development of innovation-driven development strategy is inseparable from the creation and utilization of inventions and inventions.As the current mainstream invention and service innovation system,it has become a key factor affecting China's innovation level.However,the system of service invention ownership that is at the core of the service invention system has problems such as the confusion of legislation and the imbalance of equity distribution,which makes the quality of service inventions in our country inferior to that of major developed countries in Europe and America.Therefore,in order to improve the level of service creation and transformation in our country,we must improve our country's service ownership system.This article will summarize the current situation and predicament of service invention ownership system in China,combining the experience of three kinds of legislative models outside the domain,the revision of the ownership system in the "Service Inventions Bill" and "Draft Revision of the Patent Law",the proposal of ownership system of service invention in our country.Specifically,this article is divided into five parts,as follows:The first part is an overview of the service invention and the rights ownership system of the service invention,which defines the concept and scope of the service invention.Then,it mainly introduces the legislative status quo of the ownership rights system of service inventions based on the "Contract Law" and the "Patent Law" as the core.Finally,it clarifies the value objective of promoting the invention of the service invention,balancing the interests of the inventor and the unit,and transforming the serving service invention.The second part mainly analyzes the legislative and practical status quo of service invention right ownership system in China,and analyzes the main problems of current ownership rights system for service inventions,which mainly include: confusion of service invention legal system,ambiguous and broad judgment standards.The imbalance of distribution and the irrationality of the reward system.The third part mainly introduces the three different legislative models for the assignment of rights to invention outside the domain,namely,the "unit first" model represented by Britain and France,the "inventor first" model represented by the U.S.and Japan,and the "eclectic model" for Germany.On this basis,the three kinds of legislative models are analyzed separately to sum up the experiences worthy of reference for service invention ownership system at home.The fourth part mainly focuses on the draft of the Service Invention Act and the Revised Draft of the Patent Law.It mainly discusses its breakthroughs and deficiencies in the right ownership system of service inventions,such as the deletion of "resource standards" and the introduction of the invention reporting system.To sort out the reasonable proposals for the revised draft,it also provides ideas for the further improvement of the right ownership system for service inventions in China.The fifth part is mainly based on the current situation,problems,and extraterritorial experience of the service invention system in China.the limitations of the Service Invention Regulations and the Patent Law,and puts forward suggestions for improving the ownership rights system of the service invention invention,including: Adhering to the "unit first" model,restricting the principle of "prioritization",optimizing judgments with "substitutability" and strengthening the labor organization's status as an inventor.So as to further perfect the ownership system of the invention of service in our country,and promote the creation and transformation of the service invention.