Research On The Legal System Of Patent Right Ownership Of Service Invention

China's service invention patent ownership system is an important system in the patent law.With the continuous development of the society,the patent right ownership system of service invention should be further improved.Therefore,this paper will study the patent ownership system of service invention from four aspects,find out the problems existing in service invention through literature induction,comparative analysis and case analysis,explore the basis of system design,and put forward Suggestions for further improving the patent ownership system of service invention.According to the current patent law,there are two defining standards for service inventions,namely the standard of “carrying out the tasks of the unit” and the standard of “main material and technical conditions of the unit”.These two defining standards are widely applied in judicial practice.The patent right ownership system of service invention in our country adopts the employer-first legislation mode,with a thick employer-ism tint.The legislative model that is too partial to the unit has not adapted to the reality of our society,so it is necessary to change it.At present,China is undergoing the fourth revision of the patent law,trying to modify the patent right ownership system of service invention,so as to make service invention develop towards the direction of protecting the interests of inventors.There are some problems in the patent ownership system of service invention in China.First of all,there is a legislative loophole in the definition standard of service invention.The court has obstacles in understanding the articles of law and their practical application,which may lead to different judgments in the same case.Secondly,the distribution mode of service invention patent right leads to the unbalanced distribution of interests between the unit and the inventor.If the interests of the unit are too favorable and the interests of the inventor are ignored,the contradiction between the unit and the inventor may be aroused,which is not conducive to the generation and transformation of service invention.Thirdly,the employer-first legislative model has drawbacks.The distribution mode of service invention patent right dominated by the legal ownership mechanism is too rigid to adapt to complex patent ownership dispute cases.Therefore,it is imperative to expand the scope of the agreed priority mechanism.Finally,the nationalization of service invention still exists in the field of service invention in China.The existence of this problem affects the subsequent transformation of service invention achievements.The loss of state-owned assets and the absence of professional transformation institutions restrict the efficiency of the transformation of service invention achievements.The design of service invention patent right ownership system needs to follow certain basis.First of all,the actual conditions of system design,economic basis,innovation-driven development strategy,people-oriented concept and other practical factors are the key to affect the service invention patent ownership system,the system design must adapt to the realistic factors.Secondly,the principle of balance of interests is the cornerstone of the patent right ownership system of service invention.The system design should aim at balancing the interests of all rights subjects,and pay attention to the balanced development of private interests and social public interests.Finally,the principle of autonomy of will is also an important theoretical principle that influences the design of patent right system of service invention.Based on the existing problems,practical conditions and theoretical basis of the patent right system of service invention,the improvement of the patent right system of service invention should be carried out from the following aspects.First of all,legislation should be carried out to improve,delete the standard of “mainly using the material and technical conditions of the unit”,add the criterion of “labor relationship or employment relationship”,and expand the scope of application of the agreed priority mechanism.Secondly,an optimized benefit sharing mechanism should be established to properly separate the patent right from the right of exploitation,and the unit and the inventor should be co-owned by shares to achieve the optimal distribution of benefits.Thirdly,the agreed ownership mechanism should be implemented in parallel with the legal ownership mechanism.While expanding the scope of application of the agreed ownership mechanism,the legal ownership mechanism should be required to provide assistance.Finally,it is necessary to establish and perfect the transformation mechanism of service invention,and further promote the efficient transformation of service invention achievements by establishing a reasonable profit distribution system,professional achievement transformation institutions and effective property right incentive system of service invention.