Research On The Ownership Of Service Invention Rights

As the core competitiveness of today’s enterprises,intellectual property rights have been receiving increasing attention.At the same time,due to the vigorous development of the market economy,new challenges have been raised to the ownership of service inventions.The service invention system mainly involves the definition of service inventions,the allocation of patent rights,and the rules of reward and remuneration for inventors.This article will start from the system of attribution of service invention rights,through the definition of the concept of service inventions,the value of the service invention system,and the description of service inventions.Discuss the judicial practice of right attribution,and study the problems existing in the right attribution system of service inventions.The main content of the thesis is divided into the following four parts: The first part is mainly an overview of the service invention and the ownership of its rights.Among them,the overview explains the current service invention in our country with the "Patent Law" as the core and the "Civil Code" contract as the basis.On this basis,the framework of the ownership system of service invention rights is extended and the theoretical basis of related values is explained.The second part sorts out the historical evolution and current system status of the ownership system of service invention rights in our country,and points out its existing problems.From two perspectives,the first is the definition of service inventions,and the second is the attribution of service invention rights.The problems existing in the current service invention rights system are proposed from two perspectives,and their adverse consequences are explained.The third part clarifies the problem of service invention judgment standard.To talk about the ownership of service inventions,we must first judge whether they are service inventions.Here,combined with the excellent experience in defining standards for service inventions abroad,we will define the scope of the existing problems such as "job work","material and technical conditions" and other terms.Sort and define.The fourth part is mainly to put forward suggestions for improving the ownership of service invention rights in my country.First of all,it introduces the ownership system of service invention rights in foreign countries.Because the service invention system originates from foreign countries,the systems in these developed countries are relatively complete,and they have played a positive role in promoting the development of various countries.Secondly,it expounds the two principles that should be followed to improve the service invention right attribution system,and summarizes the current Chinese theoretical circles on the service invention rights distribution model.Based on the advanced experience outside the territory and the merits of the theoretical circles,suggestions are put forward to improve the ownership of service invention rights in my country.Based on the legislative value of service invention promoting invention creation,this paper focuses on the constitution and deficiency of the ownership system of service invention right,and puts forward suggestions for improvement based on practical cases and comparative studies.At the same time,there are still some shortcomings in literature review and theoretical analysis,which need to be further improved.