The Research On The System Of Service Invention Ownership Of China

This thesis contains three chapters except for the introduction part and the conclusion part. The introduction part mainly tells the background of my research and the main contents of this thesis. Service Inventions in abroad sense pertain to inventions, utility models and designs in Patent Law, and works owned by a legal entity or an organization which include software, integrated circuit layout design, know-how and any other employee-developed technology. However, in the narrow sense, it just means the service inventions prescribed in Patent Law. My research is based on its narrow definition.Chapter One introduces the rules of the system of service inventions ownership, and analyzes some problems existing in our system which have lead to some severe consequences.The main problem of our distribution methods of rights and obligations of the service inventions is that the law declines to the employer and ignores the rights of the employee. For example, the definition of the service invention is too broad which stipulates some circumstances which should not be considered in service inventions. As regard to the distribution of the rights of the service inventions, our law prescribed the ownership of the service inventions belongs to the employer, while the employee only has the right to sign his name and get a small amount of reward and remuneration. These problems resulting from the system in the service inventions ownership give rise to many adverse consequences, such as, weaken the enthusiasm of the employee to make efforts to invent and hinder the technology development of our country in the long run.Chapter Two aims to redefine the service inventions. The employment relations shall be the precondition to identify the service inventions. And it means that if an employee invention is made on the employee’s work duty or the instructions of the employer, then it may be considered to be a service invention. And if an employee invention was not made based on the instructions of the employer or the employee’s duty of the work but only used the employer’s material or technical equipment that means it shall not belong to the service inventions. Inventions made within 1 year of the employee’s retirement from office, or termination of the employee between personnel relationship, provided that the invention-creation relates to his own duty in the entity where he worked or relates to task assigned to him by the entity shall not be deemed as the service inventions.Chapter Three suggests rebuilding our system of the service inventions ownership. The author recommends learning the experience of other countries which have built successful rational system of the service inventions ownership. The author gives some suggestions on how to rebuild our distribution system of the property rights to the service inventions.The conclusion part is the conclusion of this thesis.