Research On The Ownership Of Patent Right Of Service Invention

Driven by fast-developing science and technology and in-depth innovation,technology and innovation have become one of the important factors that promote the advancement of my country’s social production level.At present,my country is accelerating the construction of an innovative country.Among these,an important indicator for assessing the regional economy and the production and innovation capabilities of enterprise units is the number of valid invention patents held by it,and service inventions are a key component of it.This paper studies the relevant content of the patent right of service invention in my country’s current legislation,and combines the case disputes in social judicial practice to summarize and summarize the most controversial focal issues,and proposes the patent law of my country on service inventions.There is still room for improvement in the provisions of patent rights.The main controversy in my country’s theoretical and practical circles is the unclear definition of service inventions and the excessive scope.The conditions for "mainly using the material and technology of the unit" and the regulations on retirement and resignation inventions are not detailed and proper,which leads to the determination of rights in practice.Attribution is uncertain;and the inventor or designer lacks a complete legal rights protection mechanism.At the same time,drawing on the legislative concepts of foreign countries representing countries,and proceeding from my country’s current national conditions,some ideas and suggestions for improving the ownership system of service invention rights in my country are put forward.Clarify the definition standards of service invention related concepts,balance the legal rights of all parties,and optimize the legal remedies for inventors or designers.Actively and properly handle issues related to the ownership of service invention patent rights,and further configure more systematic laws and regulations to better improve my country’s service invention system,so as to better protect the rights of inventors and promote society Innovative activities to promote the development of social productive forces.