Research On The Definition And Rights Rules Of Service Inventions In China

Innovation drives development,and the advancement of the strategy of building a strong country by science and technology is inseparable from the production and utilization of inventions and creations.As the main source of technological innovation today,the quantity and quality of service inventions have become key factors affecting my country’s innovation level.However,the definition of service inventions,patent rights and inventors’ reward rules,which are at the core of the service invention legal system,have problems such as multiple legislations and unbalanced rights and interests,making the quality and transformation of service inventions in my country inferior to those in Europe and the United States.Developed countries.Therefore,in order to improve the quantity and quality of service inventions in my country,it is necessary to improve my country’s service invention legal system.Based on summarizing the status quo and difficulties of the legal system for service inventions in our country,this article will combine the experience of three legislative models outside the territory to propose suggestions for improving the legal system for service inventions in the aforementioned three core issues.The main content of this article is divided into the following three parts.The first part mainly summarizes the current legal system of service inventions in our country,and clarifies the problems existing in the legal system of service inventions discussed in this article.Among them,it focuses on the framework of China’s current service invention legal system with the "Patent Law" as the core and the "Civil Code" contract as the basis,and then mainly analyzes the current status of China’s legal system for service inventions and practice.The problems in the legal system of service inventions include: the legislative scope of service inventions is too broad,the methods of identifying service inventions by local courts are not uniform,the relevant legal documents are numerous and the regulations are different,and the rights of relevant legal subjects are single.,The application of the contractual principle of patent rights is limited,the calculation standards of inventors’ rewards are not uniform,the inventors’ rewards are lack of safeguards,and the property rights incentive clauses are of little practical significance,and so on.The second part mainly introduces the three different legislative models of the foreign service invention legal system,namely,the "unit first" model represented by the issue,the "inventor first" model represented by the United States and Japan,and Germany as the representative "Eclectic Mode".And on this basis,the three legislative models are analyzed separately in order to sum up the experience worthy of reference and perfection of my country’s service invention legal system.In the third part,based on the previous summary and analysis of the status quo,problems,and foreign experience of my country’s service invention legal system,it puts forward suggestions for the improvement of my country’s service invention legal system,including: deleting unit-conditional service invention definition standards and further clarifying the definition Judgment factors for service inventions,adhere to the combination of the principle of unit priority and the principle of agreed priority,establish a mechanism for sharing interests between the unit and the inventor,restore the inventor’s preemptive right to purchase service inventions,credit the inventor’s rewards,and not use rewards Statutory calculation standards and other recommendations.