Research On The Ownership Of Service Invention In Colleges

At present,my country has not made separate institutional regulations for the field of colleges and universities,and colleges and universities still apply the general regulations on the ownership system of service invention rights.Compared with enterprises,colleges and universities have certain particularities.These special features make colleges and universities apply the service invention right attribution system.It seems unacceptable to the general regulations of the university,which inhibits the innovation vitality of colleges and universities to a certain extent.Therefore,it is necessary to improve the ownership system of service invention rights in colleges and universities.According to the provisions of the "Patent Law" and other laws,the subject of rights and the object of rights in the system of attribution of service invention rights in colleges and universities can be defined.Colleges and universities have the nature of public welfare and shoulder certain social responsibilities.The main responsibilities besides teaching and educating people are research,especially the research of basic science.Compared with enterprises,the identities of scientific researchers in colleges and universities are also more complicated,and they may be teachers,researchers in post-doctoral workstations,and students.When colleges and universities obtain the patent rights of service inventions of colleges and universities,they often need to implement the patent in the form of cooperation with off-campus enterprises.The general provisions on the attribution system for service inventions do not take into account the above-mentioned particularities,which determine that the attribution system of service invention rights in universities has its own unique institutional value——it can determine the property rights and legitimacy of universities ownership of scientific and technological achievements,and avoid The “Tragedy of the AntiCommons”.Through literature research,the conditions for the ownership of service invention rights in colleges and universities are not clear,the identity restrictions of colleges and universities make it difficult to realize the value of the system of attribution of service inventions in colleges and universities,and the status of students is not reasonably determined in the system of attribution of service invention rights in colleges and universities.At the same time,it puts forward suggestions for improving these problems.Restricting the identification standards of service inventions in colleges and universities and expanding the scope of application of the agreed priority mechanism can effectively solve the problem of defining the ownership of service invention rights in colleges and universities.Whether the material and technical conditions of colleges and universities are mainly used has always been a difficult problem to define.In various situations of using the material and technical conditions of colleges and universities,it is feasible to cancel the identification standard of applying the material and technical conditions of colleges and universities;and currently not all service inventions in colleges and universities can be applied to the agreed priority mechanism,and the agreed priority mechanism should be expanded.The scope of application can reduce the possibility of attribution disputes.The status of students is not reasonably determined in the ownership system of service invention rights in colleges and universities.Therefore,the school signs technical contracts with students who need to conduct scientific research,which can not only determine the legitimacy of the inventions and creations completed by the students,but also protect the interests of the students.The general provisions on the ownership system of service invention rights lack incentives for university researchers.This dilemma can be solved by establishing a system of separating patent rights and implementation rights and implementing shared university service invention patent rights by share.Universities cannot have both the patent right and the implementation right of the university’s service inventions.When universities need to cooperate with off-campus enterprises,they must negotiate with scientific researchers to get back the implementation rights.In this process,scientific researchers have more initiative and reminded Universities do not allow patents to fall into power dormancy.Sharing university service invention patent rights by share can allow researchers to gain more initiative.There are also mature experiences that can be used for reference after years of piloting.