Research On The Application Of Service Invention Reporting System In China

In the field of service invention,how to balance the conflict of interest between employees,inventors and units has always been an important proposition.There is a certain degree of interest conflict between inventors and employees,which also highlights the interest conflict between inventors and employees in the current law.The service invention reporting system is an institutional system that can reduce disputes between units and employees,balance the interests of both sides and promote invention and creation.In the draft regulations on service invention(Draft for examination)published in 2014,China considered the introduction of service invention reporting system for the first time.However,due to social,legislative and other reasons,the draft was not adopted.The fundamental reason is that the service invention reporting system stipulated in the draft is narrow and lack of systematicness,the content of the provisions is not detailed and clear,and the lack of specific operability may be its important influencing factors.Therefore,it is urgent to promote the localization of service invention reporting system based on China’s actual needs and learn from foreign legislation and practical experience.According to the operation of the relevant provisions of service invention in China’s current patent legal system,this paper demonstrates the necessity of introducing the service invention reporting system,and takes the relevant provisions of the service invention reporting system in the service invention bill as the object,makes a comparative study with the service invention reporting system in German legislation,and discusses what kind of service invention reporting system should be established in China,It is expected to be beneficial to the improvement of China’s service invention reporting system.Firstly,the existing academic views generally do not believe that the protection mechanism for employees to determine service invention belongs to the component of service invention reporting system.This paper holds that the service invention reporting system includes three stages:the employee reporting the invention stage,the employer claiming or abandoning the right stage and the employer determining the protection mechanism stage of the service invention,which are subdivided into the service invention reporting part,distinguishing the nature of the invention part,the employer reply part,the employer claiming or abandoning the right part and the employer determining the protection mechanism part of the service invention.This three-stage classification method is conducive to a comprehensive and complete understanding of the service invention reporting system and its function.Secondly,the subject of the service invention report stipulated in the service invention bill(Draft for approval)published in 2014 is all inventors or inventors’ representatives,that is,after the service invention is completed,all inventors report to the unit together,or inventors’ representatives report to the unit,but individual or partial inventors cannot report to the unit alone.This will lead to the ambiguity of the subject of the service invention report and the unnecessary burden of the service inventor,resulting in the risk that the staff inventor is unable to perform his obligations.Therefore,this paper holds that the subject of the service invention report should be any employee inventor,and the full understanding of the service invention by the unit will exempt the employee inventor from the reporting obligation.Thirdly,it is the core of the service invention reporting system for employees to report their invention on time and properly,which is the basis for the unit to obtain the service invention information and transform it.However,the service invention bill does not stipulate the consequences of the employee inventor’s violation of the invention reporting obligation and the corresponding relief measures.This is bound to cause the invention reporting obligation to become an empty text,and will cause the court to have no basis in the judgment,and it is difficult to determine the content and degree of responsibility.The remuneration is the concrete embodiment of the content and property interests of the service inventor’s invention.Therefore,this paper believes that legislation should be made to stipulate that the staff’s delay and improper reporting of the service invention will lead to the reduction or elimination of their remuneration,and provide the corresponding means of civil compensation and administrative punishment.Finally,this paper believes that the service invention reporting system not only needs to play the role of protecting the rights of units,but also needs to protect the rights of staff inventors from the root,that is,take measures to protect the service invention of staff inventors.Therefore,this paper believes that legislation should force units to take reasonable protection measures to protect service inventions,and provide corresponding punishment and relief measures.In addition,at present,China’s requirements for the form and content of the invention report in the service invention report are not clear enough,which may lead to disputes.This paper suggests to make it clear.