Discussions On Chinese Systems Of Service Inventions And Advices For Legislation

Present Chinese system of service inventions have been implemented for manyyears. It has made great contribution to the development of scientific research andnational innovation ability. But with the improvement of our country’s economy, ourgovernment puts forward higher requirements on enterprises’ independentinnovation ability. Then the deficiencies of our legal system of service inventions arealso highlighted. It is a meaningful job to sum up defects of the present system in ourcountry and to compare the advantages of foreign legislation of employee inventionwhich can be used for reference. So the writer could make feasible suggestions forlegislation in our country.The first chapter of this article introduces the current domestic literature aboutChinese employee invention system. This part also summarizes the problems oflegislation in our country need to solve. The first section introduces the definitionand classification in Chinese legislation of service inventions. Through the study thewriter finds that the definition scope is too wide and the standards of classificationare not clear. It is not conducive to stimulate the creating enthusiasm of employeeinventors. The second section introduces distribution rules of right in Chinese patentlaw. The author questions that whether it is proper to give excessive economic rightsto the enterprise. The third section is mainly related to how to reward the inventor. The writer points out the irrationality and fuzziness of the current system.In the second chapter, the author focuses on comparative analysis on the systemof service inventions of the UK, France, Japan and the United States. The writerabstracts the lessons in order to develop ideas and provide our service inventionlegislation some reference. In the first section the author introduces thecompensation right of workers and illustrates the importance of setting propertyrights for staff. In the second quarter, the detailed analysis on the classificationstandard of French legislation points out that the legal ground to define serviceinvention must be clear and refined. In the third section the author explains thesuperiority of "employee first" as the guiding ideology for legislation and makes surethat the tendency of our invention legislation must also give priority to protect theinterests of the staff. At the same time, the author finds out that the laws of theUnited States introduce the shop right to balance the interests of the enterprise andstaff. It is well worth our using for reference. The fourth quarter mainly compares theJapanese system of service invention and considers the social cultural influence onlaw. This quarter analyzes the Japanese legislation mode which could provide acontrast for our country. The fifth section provides a summary of strong points ofaforementioned countries on separate topics.The third chapter focuses on solving problems and the author puts forward thesuggestions for perfecting our country’s legislation of employee invention. The firstsection in this chapter illustrates the theoretical basis of the new system of serviceinvention and points out the rationality of deciding rights allocation according toresources input. In the second section, the author puts forward a new classificationsystem. The staff invention should be divided into four categories according todifferent combinations of resources input. This section also defines the new scope ofservice invention. This section further explains the rights allocation methods for staffinvention on the basis of this new classification. The author designs a new propertyrights system for the enterprise and staff in the third quarter. The writer explains whythose rights could stimulate the investment enthusiasm of the enterprise and providebetter protect for the staff inventor. This paper puts forward problems and analyzes them. It also solves theseproblems. The writer studies the employee invention system in our country andreforms it. The author hopes that this new system can provide a solid guarantee onthe development of innovation ability in our country.