Research On The Ownership Of Service Invention In Colleges And Universities From The Perspective Of The New Patent Law

With rapidly advancing science and technology,the race between countries is becoming reflected in scientific and technological innovation,and the development of innovation has become a common consensus.As an essential destination for the export of scientific and technological achievements,universities have a wealth of human resources,information and science and technology,and their inventions largely affect the development of scientific and technological innovation and economy in China.From the experience at home and abroad,based on the special attributes of the subject and object of university service inventions,the high-quality development of university service inventions cannot only rely on the inventor and the investment of funds,but also needs the guarantee of the system.The introduction of the Bayh-Dole Act in the United States and the University Technology Transfer Promotion Act in Japan have provided new ideas for the development of university inventions.The issue of ownership of inventions on duty in colleges and universities is related to the personal interests of many subjects such as inventors,colleges and universities and the state,and grasping the balance between personal interests and public interests is an important influencing factor to enhance inventors’ creativity enthusiasm and promote the transformation of scientific and technological achievements.Although China has recognized the seriousness of the problem,no special law has been issued to clearly stipulate it,which has caused problems such as different proportion of ownership distribution and unreasonable reward payment mechanism,further leading to the poor transformation of subsequent scientific and technological achievements.In the process of creation,protection and transformation,a university service invention involves the balance of interests of multiple subjects.Starting from clarifying the relevant concepts of service inventions and the special characteristics of service inventions in universities,we find out the differences between the system of service inventions in universities in China and abroad by comparing the domestic and foreign regulations on the system of ownership of service inventions in universities.Then,on the basis of the special attributes of our universities and the differences between domestic and international,we further analyze the justification of the ownership situation of university service inventions through associated analysis of theory,and explore the best solution for the allocation of the ownership of university service inventions by combination with the corresponding provisions of the new patent law.Combining with the ownership situation of university service inventions,we further explore the rights of inventors to obtain rewards and remuneration after the attribution of rights,as well as the influence on the relevant rights in the process of implementing the transformation of achievements,and discover the problems of the ownership system of university service inventions in China.Finally,we put forward suggestions for different situations,such as determining the ownership situation of university service inventions,improving the reward system of university service inventions,and improving the connection between university service inventions and subsequent scientific and technological achievements.In order to solve the problem of ownership of inventions in China’s universities on the basis of balancing the rights and interests of universities and service inventors,improve the efficiency of the transformation of scientific and technological achievements in China’s universities,and promote the development of China’s economy.