Research On The Ownership Of Service Inventions

The service invention system was first established in 1984.After more than 30 years of development,it has played an important role in promoting the development of China’s innovation capability.However,as technology and technology enter the era of spurt growth,the state,society,and enterprises put forward higher requirements for innovation.The Fourth Plenary Session of the 18 th CPC Central Committee proposed "to comprehensively promote the rule of law","to improve the property rights system that encourages innovation,the intellectual property protection system,and the institutional mechanism to promote the transformation of scientific and technological achievements." Under the new situation,patent work faces new and higher tasks and requirements.Strengthening the protection of intellectual property rights and re-examining the system of service inventions is highlighted by many inconsistencies in reality.This paper attempts to start from the problems caused by China’s current system,learn from the experience of foreign systems,and demonstrate the shortcomings of legislation,based on the reality of our country.The national conditions,put forward feasible suggestions on the improvement of the system.The first part of this paper mainly summarizes the service invention system in China.The first section shows the meaning of the service invention system in China.The second section analyzes the theoretical basis of the institutional invention system,and discusses the value orientation of the three theories.The third section expounds the practical dilemma in the operation of China’s system.The second part of this paper mainly analyzes,summarizes and summarizes the problems existing in the implementation of China’s current system.In the first section,the rights of service inventions are too broad and difficult to quantify,which leads to the concept of service inventions being different in judicial practice.The second section proposes that the rights of service inventions are too rigid and simply attribute the service inventions to the units.The inventor is in a passive position,lacking the protection of rights and high cost of safeguarding rights.In the third section,combining the above questions to analyze the identification of judicial practice in China’s system operation,it is found that the above problems are indeed the difficulty and crux of judicial practice.In the third part of the article,this paper combines the legislative experience of foreign countries and proposes legislative proposals to improve the service invention system in China.In the first section,the three principles of system design should be followed.In the second section,the author proposes that the tenure of the service invention system should be defined in a clear scope,redefining the inventions related to the duties,narrowing the scope of the service inventions,and adding "Free invention";the third section,combined with judicial practice,stipulates that the ownership of free invention is shared,balancing the rights of the parties,with a view to stimulating the innovation vitality of the parties and units,and enhancing the transformation efficiency of the service invention.