The Research On Ownership An Reward System Of Service Invention In China

The service invention is the core of the patent legal system.The service invention occupies more than 80% of all inventions in almost every country.The percentage of service inventions in our country has grown rapidly in the last decade,from 50% in the last to 92.8%in 2017.The relevant provisions on service inventions in China's "Patent Law" have been revised several times.Although improvements have been made,there are still some practical problems.In 2015,the Patent Law(Draft for Ratification)and the Service Invention Regulations(Draft for Ratification)made corresponding improvements,but there are still some shortcomings.The ownership of the service invention ties to the reward tightly,and the reward system of the service invention is the benefit distribution system which depends on the ownership.There are a lot of research on this topic in recent years.The mainstream opinions support the tendency of employeeism in the Patent Law(Draft for Ratification).A few articles expressed strong objections.Among the analysis methods,most of them are value analysis or legal analysis,comparative analysis,and a few economic analysis and historical analysis.This article takes economic analysis as the main analysis method,uses legal analysis and comparative analysis comprehensively,supplemented by a small amount of historical analysis.The logic of this article is: using economic analysis,comparative analysis,etc.,to point out the value orientation and the purpose of the service invention system,and then analyze and explore the ways to achieve its system value and purpose-the service invention reward system.The conclusions of the reward system include: justification of the amendment of the service invention award system in China's "Patent Law(Draft for Ratification)",and criticism of the amendment of the service invention reward system in the "Patent Law(Draft for Ratification)",and proposed the author's amendments.The structure of this article is as follows:Introduction.It explains the reasons for selecting topics and research methods.First part,introduction to service invention.It introduces the theoretical basis of this article,proposes practical difficulties of service invention in China,explains the four economics theoreticade foundations of this paper's analysis,and finally analyzes the goals and pursuit of the service invention system.Second part,the ownership system of service invention in China.It puts forward the basic requirements for the ownership of property rights,splits the ownership system for service inventions in China,and evaluates the progress that shows in the "patent law(draft for ratification)".Third part,the reward system for service inventions in China.First,it examines the calculation methods and considerations for service invention rewards in foreign countries,then decomposes and analyzes the reward system for service inventions in China,and then points out the issues of the reward system for service inventions in China.The last part,the whole conclusion the this article.It justifies and verifies the direction and the pace of amendments of “Patent Law(Draft for Ratification)” based on the second part.It proposes the corresponding amendments based on the problems in the reward system for service inventions in China pointed out in the third part.