Study On Enterprise Service Invention System

Service invention system is an important part of intellectual property right law.The legislation of <Regulations on Service Invention> helps the country improve its service invention system,encourage innovative activities,balance the benefit between enterprises and inventors,move forward the science progress of the whole society.Whether the design of the service invention system is reasonable or not will directly affect the enthusiasm of enterprises and inventors to carry out innovative activities,and then affect the level of science and technology development of the whole country.Generally speaking,the intellectual property right management of enterprise comprises two aspects: enabling enterprise to move forward the transformation,protection and application of innovations;and stimulating inventors to participating innovative activities.However,<The Draft of Regulations on Service Invention> puts forward new requirements and creates new problems to enterprise intellectual property right management on the above mentioned aspects.This paper will focus on a study about these new requirements and problems,and will try to contribute some experience for the improvement of the service invention system of the country.Firstly,<The Draft of Regulations on Service Invention> introduces invention reporting system and inventor's right of assignment system,but the legal liabilities of these two systems are not clear yet,so the effect of which may not be as good as expected.To solve this problem,this paper suggests that it would be better to change the rules related to these two systems to instructional norms,which will not onlybenefit the pass and implementing of the Regulation,but also reduce the interference that the regulation brings to companies.Secondly,the most important effect of service invention reward and remuneration is to stimulate inventors.However,the current <Patent Law> and < The Draft of Regulations on Service Invention> do not create enough stimulation on inventors.To improve this situation,this paper suggests that it would be better to pay service invention reward earlier and to create “reasonable” calculation method of service invention remuneration.Finally,this paper indicates that the principles of “encouraging service invention”,“balancing rights and obligations” and “promissory priority” should be followed when we improve the service invention system of the country.That is to say,our service invention system should not only help companies move forward the transformation,protection and application of innovations,but also guide companies to stimulate inventors to participate innovative activities.Also,we have to pay attention to the integrity of <Regulations on Service Invention> and other laws and regulations.