A Study On The System Of Recruitment Of Duty Invention In Our Country

The service invention reward is closely related to the protection of inventor property. It is extremely inconsistent that the service inventors’ rights of the protection situation and the development of the service invention system in China. Legislation incompleteness post a serious result directly, which it is difficult to carry out the service inventors reward in judicial practice. From a double perspective of substantive law and procedural law to explore this problem in greater depth, and solve it in a comprehensive, in-depth discussion and analysis through the theoretical interpretation, comparative law study and empirical research on this issue. while from the legal system, the judicial practice and patent policy three perspective stating my point of view, in order to providing a useful reference for the establishment of the "Service Invention Regulations". Specifically, this paper is mainly in the following several parts:The first part is mainly through the analysis of the vigorously support of national policy, the response of adding and revising legislation constantly, and cope with the situation in judicial practice variously and complicatedly in recent years, which leads to the problems discussed in this paper.The second part, first of all, making an explanation for the basic category of service invention reward, starting from its scope, character and nature, doing more comprehensive analysis on the service invention reward system. In addition, the author also makes a simple analysis from the explanation theory and principles of service invention reward system, in order to lay the foundation of the related content in service invention reward system for the following.The third part is mainly held the major western countries, focusing on the United States, Britain, Japan, France and Germany and the five countries about the relevant provisions of the service invention reward system, to probe into service invention reward system in the development of these countries, and from regulation mode, the provisions detail, reward reasons, the order of the application, invention of colleges and mechanism of dispute resolution finding significance to our country.The fourth part is to examine the legislation of the service invention reward system, and to read the legislative texts from the national level and local level. The author considers that there is existing realistic dilemmas in the legislation, which lack of systematic in reward system, the procedural protection missing in carrying out reward and the application of priority principle of contract insufficient.The fifth part is to examine the application of service invention reward system in empirical analysis. The author collects 23 cases, and tries to sum up the applicable character from the applicable case type in average pay, winning rate, compensation pay, industry distribution and dispute focus. Finally, the author considers that there is also existing judicial dilemmas that the confusion of law applicable standards, limitation of action judgment standard obscure, the inventors quote difficultly, calculating reward complicatedly and difficulty, and the relief is ineffective.The sixth part is to improve the service invention reward system for recommendations, the author considers that it should be followed values that balanced labor law system and service invention system. And the reward legislative system should be integrated, additional procedural protection should be established, the agreed priority principle should be detailed in legislation. Then, strictly complying with the law applicable standards, developing uniform standards in the limitation of action, perfecting the proof burden distribution, improving the reward calculation method and establish a diversified reward dispute settlement mechanism in judicial practice.