The Perfection On The System Of Our Service Invention Ownership

At present,China is in a strategic period of transition to a knowledge economy.Scientific and technological innovation plays an important role in the sustainable development of economy.Science and technology talent is the first resource of technological innovation.But the total amount of the invention of our country and the rate of conversion are low,and the quality of innovation is not high.In the judicial practice,there are a lot of service invention litigation about the arguments of the patent ownership.This is caused by the unreasonable design of the patent ownership of our country.Therefore,it is urgent to sort out the criteria for judging the service invention,to adjust the ownership of the right,to perfect the system of ownership of the invention,to balance the interests of all parties and to ensure the legal rights of the units and inventors.It is also conducive to encourage innovation,promote the implementation of patent transformation,improve the competitiveness of enterprises,improve national comprehensive competitiveness,and promote national economic development.In this paper,the literature research methods,comparative research methods and empirical research methods are used.Firstly,the paper explains the basic structure of the system of service invention's ownership in our country,introduces the existing types of invention and the rules of ownership,and put forward the design concept of the system,taking into account the public welfare and selfishness,to encourage innovation,promote the implementation of transformation as the goal,and ultimately achieve the promotion of material and spiritual common development,and then as a basis for institutional investigation.Secondly,the paper clarifies the standard issue which is the premise of judging service invention.Combined with the practice and the theory to sort out the definition of various types of service invention.Thirdly,this paper analyzes the implementation of the system of service invention's ownership from the aspects of public welfare and self-interest,innovation and transformation,combined with the relevant data of the State Intellectual Property Office and the National Bureau of Statistics,we can find that the implementation of the system is far from the design concept under the system goals.And then the paper analyzes the problems existing in the ownership of our invention,including the problem of excessive scope of service invention and the imbalance of ownership of the invention.Moreover,the paper analyzes the characteristics and reasonable place of the system of service invention's ownership of the United States and Germany,and seeks the inspiration to our country.Finally,the author puts forward the idea of perfecting the system of service invention's ownership in our country,including the concept of transferring,taking into account the interests of the unit,taking into account and effectively safeguarding the inventor's rights,debugging the system objectives,pursuing the incentive innovation and promoting the implementation of the transformation;Conditional,narrow the scope of the invention of the job,to perform the duties as the core,delete the material and technical standards;to allow priority,reasonable allocation of rights,the right to patent and the general implementation of the separation;prudent treatment of job reporting system,adjust and establish internal management mechanism,with the implementation of the ownership system.