The Identification Of Service Inventions And Related Issues

The service invention system,also called the employer invention system in other countries plays an important role in social development and innovation.The Chinese service invention system is an “employer oriented" system,in which all inventions created during the performance of tasks assigned by the employer or by relying on the employer's material or technological conditions are service inventions.In this sense,the proportion of service inventions in China would be higher than that in the country where the "employee oriented" system exists.Actually,however,the proportion of service invention in China is much smaller than that in any other big industrial countries.Judicial authorities tend to be stricter towards the identification of a service invention.The recognition of "assignment" tends to have clear and specific research and innovation tasks assigned and issued to employees by the employer.It is very difficult to identify the service invention created by relying on the employer's material or technological conditions.It is also very difficult to Judges to distinguish the identities of inventors in the case of complicated service invention cases.When dealing with a service invention,Chinese authorities should get rid of the wrong belief that the employer is in the stronger position.Actually,the employer is in the less strong position in the service invention due to the information asymmetry.Furthermore,it is necessary to create the employee reporting system and give the employer the right of first refusal,turn the information asymmetry,reduce wastes in the process of technological innovation.Establish the scope of the appropriate service invention identified.Lift the one-year-after-the-employment-termination restriction,revert to focusing on the invention itself.Make the Patent Reexamination Board in charge of dealing with disputes in connection with inventor qualifications between persons closely related to the invention to identify the inventor who has done creative work on substantial features of an invention by more professional personnel.