Research On The Identification Of Employee Inventions In Patent Ownership Disputes

With the growing importance of intellectual property in business competition,enterprises pay more and more attention to intellectual property,and with the continuous flow of personnel,disputes over service ownership patent rights have begun to increase year by year in the practice circle.The judgment of the court on the judgment of this kind of dispute can be known that the courts in various places in China have not formed a unified refereeing idea,and there are still obvious differences in the scale of the referee,especially the inventions and creations made within one year after leaving the company.In the case of the existing certification standards,the situation of judicial practice is slightly confusing.The definition of the service invention is a prerequisite for its determination.Compared with the distribution of rights in service inventions,how to accurately identify the nature of service inventions has become the primary problem in the disputes over the ownership rights of service invention patents in China.At present,the scope of service inventions stipulated in China's patent law is obviously broader,especially in the identification of inventions and creations that are“mainly using the material and technical conditions of the unit”,that is,there is no prior agreement and it cannot be concluded that it belongs to In the case of primary use or general use,it is difficult to make an accurate judgment on the nature of the disputed invention.This not only makes the inventor's legitimate rights and interests not well protected in practice,but also the conflict of interest between the employer and the inventor will become more and more fierce,and the handling of disputes over job inventions in the practical world will also become More tricky.This paper analyzes the nature of service inventions in patent ownership disputes,and combines the current methods of dealing with such disputes in China's practice circles.On the basis of examining the rules for identifying foreign service inventions,it further proposes to improve the rules for the identification of service inventions in China.Related recommendations.First of all,the article outlines the relevant concepts and characteristics of the service invention,and elaborates on the identification criteria and consideration factors of the service invention,including the work of the inventor,the tasks delivered by the unit,and whether the materialtechnology of the unit is mainly utilized.The identification of conditions,etc.;secondly,the analysis of typical disputes over the ownership of patents for service inventions in the practical field,and summarizing the current methods of dealing with the disputes over the ownership of service invention patents in China and the problems still existing in them;The comparative investigation of the rules for the identification of service inventions outside the territory summarizes the specific provisions on the identification of service inventions and the attribution of rights in Germany,Japan and the United States.Finally,on the basis of the analysis and discussion above,combined with the relevant problems in the practice field,How to identify a service invention in a patent right dispute is a series of specific recommendations.