Research On Patent Law In The Transformation Of Job-related Scientific And Technological Achievements

Job-related scientific and technological achievements are relatively complicated types involving legal issues in the transformation object of scientific and technological achievements.The transformation of job-related scientific and technological achievements needs the protection of intellectual property system,especially patent system.The service invention system in the patent law is the basic system for adjusting the transformation of service scientific and technological achievements.With the deepening of the concept of innovation-led development in China and the continuous promotion of the construction of a powerful country with intellectual property rights,problems related to the transformation of scientific and technological achievements and patent law gradually emerge.In recent years,the mixed ownership reform of job-related scientific and technological achievements carried out in some parts of China has promoted the efficiency of achievement transformation to a certain extent,but it is faced with the problem of legal restrictions.The new property incentive clause in the Patent Law in 2020 is a preliminary exploration of the legal path to promote the transformation of job-related scientific and technological achievements under the background of ownership reform.In order to further promote the reform of the ownership of jobrelated scientific and technological achievements,effectively enhance the innovation enthusiasm of inventors,and promote the transformation of scientific and technological achievements from the source,it is of great significance to discuss how to solve the problems related to patent law.Firstly,this paper sorts out the key concepts in job-related scientific and technological achievements,and then clarifies the relationship between job-related scientific and technological achievements transformation and patent law.Second,the transformation of scientific and technological achievements from the position of the patent right and the right to apply for a patent belongs,inventor remuneration and rewards system such as system present situation,proposed in the position of the transformation of scientific and technological achievements of the patent law is not effective coordination between the main body of rights,existing unit disposal of the patent right path fuzzy,lack of practical safeguard measures of reward mechanism,property right incentives problem such as the lack of suitable space.Thirdly,the experience of foreign patent system in the transformation of job-related scientific and technological achievements is investigated and appropriately used for reference.By investigating the patent system experience of the United States,Japan and Germany related to the transformation of job-related scientific and technological achievements,and comparing the differences between the domestic and foreign job-related invention systems,we can obtain the main inspiration for the next stage of improving China’s patent law.The patent system should attach importance to protecting inventors’ rights and interests,the distribution mechanism of service invention interests should be reasonable and clear,and the coordination between patent law and other relevant laws and regulations should be emphasized.Finally,form the patent law improvement path in the context of transformation of job-related scientific and technological achievements.The suggestions mainly include: clarifying the long-term right of use system from the level of patent law,optimizing the guarantee mechanism of job inventor reward system,optimizing the institutional environment of property right incentive,and promoting the establishment of a new management mode of state-owned intangible assets to promote the transformation of job-related scientific and technological achievements.