Analisis On Ownership Of Chinese Service Invention

Service invention system is an important cornerstone of the patent legislation,but also an important way to ensure national scientific and technological innovation.In order to find an optimized balance between the interests of the inventors and the employees,and to utilize the service invention efficiently,the following content tries to contribute some meaningful suggestions in this respect.The first chapter briefly introduces the history and general situation of the domestic and overseas service invention,and further analyzes the definition of the service invention according to Chinese patent law.The second chapter introduces three outstanding overseas service patent systems and their ownership,and further analyzes their origin and specification as a reference for later study.Then,this chapter summerizes current Chinese legistaion status on service invention,and tries to discover the problems of ownership among recent occurrence of a title dispute cases.The third chapter focuses on the patterns characterization and problems solving.This chapter tries to purpose a solution against the problems of current ownership of service invention by three aspects,firstly,limiting the definition of the service invention,and only an invention made by a person in the execution of the tasks of the entity for which he works shall be a service invention,while excluding those inventions made by him by taking advantage of the material and technical means of this entity.This difinition will eliminate the disputes of ownership between inventions made by a person during his being employed by an entity,thus further encourages more creativity.Secondly,the ownership of the service invention shall be granted to entity in principle.This will encourage the entity better implement of rights and maximizes the benefits of service invention.Thirdly,by granting the inventors right to know and preemption of the service invention,to create a reverse channel of the ownership of service invention,which will incent the mutual initiative and creativity between the employee and employer,and contribute a win win strategy and fully utilize the invention.