Research On The Service Invention System Under The Background Of Mixed Ownership Of Scientific And Technological Achievements In Universities

Colleges and universities have become an indispensable part of China's scientific and technological progress innovation.However,the difficulty in transforming scientific and technological achievements in universities and the low conversion rate have always been problems that have plagued China's scientific and technological circles.In order to properly and scientifically promote the scientific and technological achievements of universities and further promote the construction of innovative countries in China,Sichuan Province and Southwest Jiaotong University have issued a series of policies and regulations such as mixed ownership of scientific and technological achievements in universities to promote the transformation of scientific and technological achievements,and have achieved good results.Although the Law on the Promotion of the Transformation of Scientific and Technological Achievements(revised in 2015)decentralized the disposal rights and income rights of some scientific and technological achievements,mixed ownership still violates the existing laws and inevitably faces legal and policy obstacles.This paper intends to discuss the connotation and value of mixed ownership of scientific and technological achievements in colleges and universities from the background of mixed ownership of scientific and technological achievements in colleges and universities,and explore the reform trends and realistic values of mixed ownership of scientific and technological achievements in colleges and universities while defining relevant concepts.On the basis of investigating the transformation of scientific and technological achievements and the system of service inventions in universities outside the country,such as the United States,Japan,Germany and other countries,we have extracted three experiences that we should learn and practice,that is,the legislation of the transformation of scientific and technological achievements in colleges and universities.Concrete measures will be carried out;respect for the autonomy of the parties in the transformation of scientific and technological achievements in universities,and the implementation of the "agreed priority principle";the inventors will lead the transformation of scientific and technological achievements.Universities and inventors in the mixed system of scientific and technological achievements in colleges and universities will jointly enjoy scientific and technological achievements,clearly divide all their rights shares,and accordingto the share form rights,gains and assumes responsibility.In the field of patent system,mixed ownership is faced with the limitation of the scope of the contract of ownership of the invention and the limitation of the scope of the agreement of the patent.It is necessary to clarify the priority principle of the service invention ownership,allowing the patent owner to agree on the common share and freely transfer,so that the mixed ownership reform has a clear legal basis.Through the revision of the Patent Law and related laws and regulations,the mixed ownership system can be better integrated into the legal framework,promoted in colleges and universities across the country,and promote the transformation of scientific and technological achievements in China's universities.