The Dilemma And Outlet Of The Incentive System Of Patent Transformation In Universities

Universities are an important part of China’s innovation system,and patents are an important carrier of university R & D achievements.The transformation of patent achievements in colleges and universities is the due meaning of promoting the development of productive forces and building an innovative country.Financial aid is the capital channel for patent research and development and transformation in most colleges and universities in China.Based on the principal-agent theory,the State entrusts the important task of patent R & D to colleges and universities,and gives corresponding financial support to colleges and universities,while colleges and universities hand over the important task of patent R & D and transformation to scientific researchers.In order to stimulate universities to carry out patent R & D activities,shorten the time lag of patent transformation,build a new operation mechanism and balance the interests of all parties,the incentive system came into being.China continues to improve and perfect the incentive system to promote the patent transformation of colleges and universities.The allocation of patent rights in colleges and universities adopts the way from national collection to decentralization.This process realizes that colleges and universities enjoy the patent right,patent disposal right and transformation income right,the proportion of reward and remuneration of scientific researchers continues to increase,and explores to endow scientific researchers with ownership and long-term use right.However,the effect of patent transformation in colleges and universities is still unsatisfactory,and a large number of idle patents cannot be used commercially.Using normative analysis and comparative analysis,this paper reveals that there are some problems in the patent ownership system of colleges and universities,such as the absence of the definition of college patents funded by finance,the improper connection between college patent transformation and service invention system,and the doubt of the legitimacy and reasonable nature of mixed ownership reform;There are some problems in the disposal system,such as the dislocation of the allocation of patent disposal subjects,the simplification of the process,the incomplete reform and the non-standard procedure of the exercise of the state’s right to intervene;There are some problems in the reward and reward system,such as unclear object,single recognition method of reward and reward,and incomplete retention system of patent transformation income.The university patent transformation incentive system is essentially a game between protecting national interests and promoting the transformation of achievements.Therefore,with the help of principal-agent theory and job invention system theory,this paper analyzes the benefit measurement behind the university patent transformation incentive system,which should not only take into account the national interests of the client,but also protect the interests of colleges and universities and encourage inventors to create.This paper draws lessons from the exercise procedure of American intervention right,the distribution mode of inventor’s reward in Japanese law,and the dominant position of scientific research results disposal given by British law,and puts forward the following suggestions: as for the improvement of patent ownership system,we should define the scope of university patents funded by state finance,further explore the reform of mixed ownership and strengthen the connection of relevant systems;as for the improvement of the patent ownership system,we should define the scope of University patents funded by the state finance in the way of autonomy of will as the main part,supplemented by the proportion of capital contribution,further explore the reform of mixed ownership,and strengthen the connection of relevant system;as for the improvement of the reward system,we should clarify the reward object of patent transformation,establish a diversified reward recognition mode and strengthen the distribution and retention system of patent transformation income.The research of this paper is expected to accelerate the improvement of the incentive system of patent transformation in colleges and universities and promote the transformation of patent achievements in colleges and universities.