Research On The Identification Of Right Attribution Of Job Invention

The system of attribution of right to job invention occupies a place in the field of patent law,which stipulates which inventions belong to job invention and the attribution of right to job invention.It plays a decisive role in the system level to coordinate the interests of the unit and the inventor.Whether the system of attribution of the right of job invention is reasonable or not will affect China’s innovation and creation and international competitiveness.China has practiced the socialist market economy system for many years,and the research and development of invention and creation has shifted from the past "individual combat" mode to the team cooperation mode.The mode of ownership of the right of job invention with the nature of planned economy has not matched the current economic situation,and the conversion rate of scientific and technological achievements has not matched the speed of social and economic development.In colleges and universities,on behalf of the academy to have done "public ownership" unit conversion rate of scientific and technological achievements have shows that job invention rights belonging and the benefit allocation problem which is closely related to it are not resolved,job invention in into People’s Daily production and living needs of science and technology will exist disputes and points.The system of job invention should reflect on itself from the angle of legislative purpose and value orientation and perfect the mode of ownership of job invention right.In combination with the useful legislative experience aboard,integrating the domestic academic viewpoints and absorbing the excellent judging experience,this paper studies the perfection of the ownership model of the job invention right and the innovation of the profit distribution model of the job invention achievements in China.Objective To arouse the enthusiasm of inventors and the investment enthusiasm of units in innovation research and development,so as to contribute to China’s innovation-driven strategy,this paper is divided into four parts:The first part: Overview of the ownership of the right of job invention.Through the interpretation of the concept of job invention and the connotation of the ownership of the right of job invention,the introduction of the theoretical basis of job invention,and the combing of the development process of job invention in China,this paper leads out the issues to be studied in this paper.The second part: the status quo of attribution of right of job invention.This paper introduces the status quo of the recognition of job invention in China,the explanation that the legislature has not modified,the different views of the academic circles on the ownership of the right of job invention,and the useful experience of the system of job invention aboard.The third part: the problems existing in the identification of the ownership of the right of job invention.Based on academic viewpoints and practical cases in the field of job invention,this paper analyzes the problems existing in the ownership of job invention rights in China.The main content is the different understanding of the law and the dispute about the profit distribution of the achievements of job invention.The fourth part: Suggestions on the ownership of the right of job invention.This paper summarizes the domestic research results and adjudication experience and discusses how to perfect the ownership of the right of the job invention and the benefit distribution of the product of the job invention within the scope of the interpretation of the law.