Research On The Legal Perfection Of Our Country’s Service Invention Ownership System

On October 17,2020,the newly amended "Patent Law" was officially passed,and the provisions on the ownership system of service inventions have not been adjusted compared with the previous legislative amendments.However,the new regulations include the right to dispose of the patent application right and patent right of the service invention according to law,promoting the implementation and application of invention and creation,and encouraging the unit to share the innovation benefits with the inventor reasonably by means of equity dividend and other incentive methods to reasonably share innovation benefits with inventors,aiming to stimulate The inventor’s passion for innovation gives patentees greater autonomy to promote the transformation,implementation and application of patent achievements,thereby improving the level of scientific and technological progress in our country and promoting economic and social development.However,since the patent ownership system for service inventions has not been changed and the definition standards for service inventions have not been refined,the resolution of the widespread ownership disputes in practice and the clarification of the judgment standards for service inventions have not been substantively improved.The role still needs in-depth discussion and research from the perspectives of theory,legislation and judicial practice.This article is based on the status quo in judicial practice regarding service invention definition standards disputes and low patent conversion efficiency.By summarizing the focus of disputes in service invention ownership cases in practice,and analyzing the operating effects of the service invention system,this article summarizes our country’s service invention ownership system In order to improve the operational effectiveness of the service invention system,relevant legislation and judicial improvement suggestions are put forward.Except for the introduction and conclusion,the main content of this article consists of five parts,as follows:The first part introduces three typical cases of service invention ownership disputes in judicial practice,analyzes the content of the court’s rationale for the definition of service inventions,summarizes the focus of disputes in ownership disputes,and introduces the core issues that need to be explored in the service invention ownership system.The second part is the basic theory elaboration,starting from the concept of service invention system,the definition of service invention,the ownership mode of service invention rights,and the evolution of service invention right ownership system.The third part is based on the judicial practice of the service invention ownership system,combined with the summary analysis of typical cases and the operation performance of the ownership system,and theoretically analyzes the focus of the definition of service invention in judicial practice.The fourth part is to compare and learn from the foreign service invention ownership system.Taking the United States,Germany,and Japan as representatives,through the comparison of the three levels of the above-mentioned countries’ service invention ownership system,the definition standard,and the concept of the balance of rights and interests,we can provide useful experience for improving our country’s service invention ownership system.The fifth part combines the evaluation and analysis of the latest legislation on service inventions in our country,and puts forward a number of suggestions to improve the ownership system of service inventions in our country,including detailed identification standards for service inventions,improving the efficiency of our country’s patent implementation and transformation,and scientifically quantified rights and interests distribution rules.