Research On The Protection System Of The Rights And Insterests Of Job Inyentros

With the rapid progress of social economy,the problems exposed by the lack of protection for the rights and interests of job inventors have been increasingly exposed in people’s vision,and have attracted more and more attention from the academic circle.In China,a large part of scientific and technological creations are completed by intellectual workers through job inventions.Job inventors are the creative subjects of job inventions,the technical supporters of achievements transformation and the source of intellectual creations for subsequent technological improvements.Their legitimate rights and interests should be protected by law.The core purpose of protecting the rights and interests of job inventors is to enhance their creative contributions.Therefore,it is our goal to construct a perfect protection system for the rights and interests of job inventors and protect their creativity.With the fourth revision of China’s patent law,Employee inventors’ rights and interests protection is more and more important,in China’s current service invention patent disputes in judicial practice,on the level of law lacks to clearly define and detailed rules of position the inventor shall have the right,not the inventor is an effective means of relief after the rights and interests are violated,the procedures and practices have significant flaws.The developed countries abroad have more rich experience in the research of protecting the legitimate rights and interests of inventors,and have more in-depth and rich experience in the exploration.The protection modes for the rights and interests of job inventors have their own characteristics.However,China’s research started late,so more attention should be paid to the rights and interests of inventors.This study mainly focuses on the following aspects: Research service invention protected by value orientation is the premise of protection of rights and interests of the inventor,the first from the definition of service invention,the importance of the protection of rights and interests of the inventor and practical,and the second is based on the present situation of the legal mechanism for the protection of the rights and interests of employee inventors at home and abroad,the study’s rights holder of the invention,the ownership and the inventor’s rights and reward system The third is to study the protection mode of mature foreign institutions,and to provide theoretical and institutional support for the protection and relief of the rights and interests of job inventors by combining the self-exploration of China and the experience of other countries.Finally,combining with the relief system of the rights and interests of job inventors,this paper puts forward some ideas and countermeasures to improve the protection of the rights and interests of job inventors in accordance with China’s national conditions.Combined with the content of the fourth revision of the Patent Law that is currently being promoted,the legal construction of the protection system for the rights and interests of job inventors should be improved,the discussion on the theory of protection for the rights and interests of job inventors should be enriched,the problem of the lack of protection for the rights and interests of job inventors should be solved in practical disputes,and the creative contributions of inventors should be enhanced.