Research On The Reward System Of Service Invention In China

With the development of the economy,the country has adopted a series of effective measures to encourage enterprises to innovate inventions,but in fact,China's laws and regulations on rewards for service inventions are imperfect,and there are many other phenomena of "emphasis on entities and light on procedures".The problems that need to be solved urgently have caused the inventor's enthusiasm to be hit to a certain extent.This article is titled "Research on the Remuneration System of China's Duty Invention",through combing the domestic legislation and description of the judicial status,studying the relevant experience of the foreign service invention's reward system,and further expanding and analyzing the existing research results to build A reward system for service inventions in line with China's national conditions.The research content of this article can be divided into the following five parts.The first part introduces the formation and development process of China's service invention reward system.First of all,from the birth history to the development process of the system,the basic theory of the system in academia was extended,and then the basic principles of the reward system for service inventions in China should be discussed.The second part is an investigation of the legislative status of the service invention reward system in China.First of all,the laws and regulations are sorted out from the three dimensions of the National People's Congress,the national administrative organs and the local government.However,one by one analyzes the problems existing in China's service invention reward system in laws,administrative regulations and local regulations.The third part is a judicial empirical investigation of the reward system for service inventions in China.First of all,a typical case is listed-Zhang Weifeng v.3M Company's Dispute of Incentives and Rewards for Service Inventions.Through a detailed analysis of the case,the problems in China's judicial practice are extended.Then,it summarizes 63 cases on the service invention reward system in the Chinese legal judgment documents,and lists five annual change trends of the number of cases,regional distribution,trial level,court judgment amount,technical field,etc.From the aspect of analysis,we can further draw up the problems in the judicial practice of the reward system for service inventions in China.The fourth part is the investigation and comparative analysis of the reward system for service inventions outside the territory.Through the enumeration of the service invention reward system that is representative of the country in the Anglo-American law system and the civil law system,we will learn from the service invention report,the scope of the service invention,the amount of the service invention reward,and the payment procedure,etc.,with a view to improving our country's job Invention reward system.The fifth part is the design of the reform path of China's service invention reward system.In terms of substantive law,it is necessary to perfect the "Patent Law" and its implementation rules,and determine the specific amount of rewards and calculation methods of operating profits.In terms of implementation procedures,it is necessary to clarify the statute of limitations for reward disputes,to pay attention to the reward of retired inventors,and to strengthen the supervisory role of administrative agencies.