| Inventions are an important force to promote social development and scientific progress,and service inventions occupy an absolute dominant position in inventions.As China vigorously promotes the construction of intellectual property rights,service inventions have received more and more attention as an important content of invention patents.In recent years,my country’s intellectual property rights have developed rapidly,and indicators such as the number of patent applications for service inventions have reached the forefront of the world.However,there are still problems such as unclear definition of service inventions,excessively strong unit status,and insufficient stamina for the incentive mechanism of service inventions.The current laws on service inventions have been unable to adapt to the development of science and technology in China.In order to further improve China’s service invention system,promote the transformation of invention achievements,and increase the inventor’s enthusiasm for innovation,it is of great significance to explore how to perfect China’s service invention legislation.This article mainly adopts the literature research method,empirical analysis method and comparative analysis method to study China’s service invention legislation.This article is mainly divided into four parts.The first part is an introduction.This part includes the research background and significance,research status at home and abroad,research content and research methods,and the concept analysis of the service invention,the ownership of the service invention rights and the service invention incentive mechanism,which lay the foundation for the later development.The second part is the investigation of foreign service invention legislation.This part mainly examines the legislation of various countries and learns the successful legislative experience of various countries from the three aspects of the recognition standard of service inventions,right attribution and incentive mechanism.The third part is the legislation of China’s service invention and its existing problems.This part introduces the legislative characteristics of the current service inventions in our country,and puts forward the main problems caused by the inadequacy of China’s service invention legislation in combination with judicial practice,that is,the definition of service inventions is unclear,the unit status is too strong,and The incentive mechanism of the service invention is insufficient.And analyze the cause.The fourth part is the countermeasures to perfect the legislation of service invention in China.Aiming at the existing problems in our country andcombining foreign legislative experience,we propose countermeasures and suggestions to improve the legislation of our service invention from the three aspects of service invention recognition standard,right attribution and incentive mechanism. |
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