Research On The Legal System Of Ownership Of Service Invention

In the current era of knowledge economy,if we want to realize industrial transformation and create a new development model,we must deeply improve the country’s overall innovation strength.As one of the most important sources of innovation in the current Chinese society,service inventions shoulder the important mission of scientific research.However,looking at the output of the service invention in our country,it is undeniable that the quality of innovation results is not high,the subsequent conversion rate is low,and related disputes frequently occur.These problems are not unrelated to the rationality of the service invention system design.If we don’t pay attention to it,continuing will inevitably result in insufficient social innovation motivation.Although the service invention legislation has undergone four amendments to the "Patent Law" and has made certain progress and improvements,there are still some shortcomings.Ownership rules,as the cornerstone and center of the service invention system,are responsible for the important task of properly allocating rights and realizing the purpose of the system.Therefore,it is urgent to study them in order to maximize the positive effects of the service invention system and achieve balanced inventions.The effects of the interests of people,designers,and units provide inexhaustible power for social progress and technological development.This article starts from the evolution history of the service invention ownership rules,through the analysis of the legislative revision process and the analysis of the actual effect of the social operation,it is found that the current service invention rights Ownership rules have not been able to play a real role and cannot achieve the purpose of the system.There are problems such as ambiguity in the identification standards,flaws in the ownership model,and lack of protection of the rights of inventors and designers.Later,for the consideration of providing more reference materials for improving the system design of service invention ownership rules,this article follows the chronological order of the value-oriented choices behind the service invention legislation and the corresponding model changes,and at the same time represents the country’s different legislative models outside the territory.Analyzing the trend of the system,it brings in a verdict that "the theory of new balance of interests" has become a consensus in the choice of legislative value in various countries,and the conclusion that our country’s service invention legislation should not be an exception.Then it classifies and summarizes the judicial application of my country’s service invention ownership rules,and concludes that high-frequency disputes are concentrated in the areas of identification of special subjects,the definition of conceptual standards,and the application of agreed ownership,providing specific starting points for the subsequent suggestions.And focus.Finally,under the value orientation of the "new interest balance theory",this article proposes to transform the ownership concept,optimize the identification standards,strengthen the agreed ownership mechanism,and realize the separation of powers of the job invention patent right for the improvement of the service invention ownership rules,and establish The idea of a shared system.In a nutshell,in the face of my country’s current needs for the transformation of a patent power,relying only on the compensation function of the follow-up reward mechanism to alleviate the contradiction between inventors,designers,and units,coordinating innovation and transformation for common development has become insufficient.The service invention ownership rules are vital for perfect the overall design of the patent legal system,promoting the increase in the number and quality of service inventions,and even stimulating the innovation vitality of the whole society,and should not be underestimated.