The Reporting System Of Service Inventions

The Draft Regulations on Service Inventions(Draft for Review),published in 2015,using the experience of countries such as Germany and France for reference,provides a reporting system of inventions created by employees in the first time,which caused a lot of discussion in that moment.The reporting system of service inventions originated from Germany,and then was used for reference by France,Norway,Finland,Sweden,Austria,Hungary,Romania,Russia,South Korea and Taiwan(China)and so on.However,there has been only limited researches on and also some cognitive bias against the reporting system of service inventions in our academic circles.Therefore,this thesis makes a thorough study on the basic theory of the reporting system and the legislative experience of Germany,France,South Korea,Russia and Taiwan Province in China,and puts forward some suggestions on the establishment of our country's reporting system of service inventions,combining with the Draft Regulations on Service Inventions(Draft for Review)and the developments of the fourth revision of Patent Law.This thesis is divided into five parts,as follows:In the first part,the origin of the reporting system of service inventions is firstly analyzed,the use of the relevant terms in this thesis is briefly explained,and the meaning and content of the reporting system of service inventions is particularly focused on.The reporting system,with narrow sense and broad sense,narrowly refers to a legal system of employee reporting an invention and employer giving a reply.In addition to its narrow sense,the generalized reporting system of service inventions also includes the content of claims made by the employer on the reported invention.The relevant research in this thesis is carried out in the broad sense.In the second part,there is an in-depth research and demonstration on the nature and the function of the reporting system.Essentially,the reporting system of service inventions is a set of reasonable and effective mechanism to guarantee the distribution of the ownership of service inventions.It has three important functions: restraining the employee's impulsion to gain benefits just for himself,reducing the disputes about ownerships and promoting the implementation of inventions.In the third part,after an comparative study on the legislative experience of Germany,France,South Korea,Russia and Taiwan Province in our country,four legislative modes of the reporting system of service inventions are summed up: the typical reporting system,thereporting system under an contract,the reporting system under the compulsory duty,the reporting system in the narrow sense.It also analyzes the enlightenment of these extraterritorial experiences to the construction of Chinese reporting system of service inventions.In the fourth part,the reporting system of service inventions stipulated in the Draft Regulations on Service Inventions(Draft for Review)is introduced in detail.It suggests that the reporting system set in the draft have an narrow sense.Through reviewing this system,it points out its shortcomings which is mainly manifested in two aspects: the inability to correct the out-of-balance of the ownership system in force and the questioned rationality of the specific procedures.In the fifth part,suggestions for the establishment of the reporting system of service inventions in China are finally put forward.First,the principle of fairness and efficiency should be followed.Secondly,as an important part of the ownership system of service inventions,the construction of the reporting system should be coordinated with the ownership system.Thirdly,it is suggested that the reporting system of service inventions which is suitable to the present situation of our country,should be constructed according to the new classification system of inventions.