Research On The Deficiencies And Countermeasures Of My Country’s Service Invention System

According to statistics released by the Intellectual Property Office,service invention patents in 2021 accounted for 96.4% of my country’s total invention patent authorizations.Service inventions account for a major part of my country’s inventions,are the main source of China’s inventions,and play an important role in my country’s scientific and technological innovation.effect.As a regulator to balance the rights and interests of both employers and employees,the effective operation of the service invention system will bring great value to my country’s economic development.However,my country’s service invention system still has many defects in the scope of service invention recognition,the protection of inventors’ rights and interests,the ownership of service invention rights,and the distribution of rewards and remuneration,resulting in a large number of individual inventions being recognized as service inventions in practice,and the inventor’s right to authorship is not granted.To safeguard,etc.,to combat the enthusiasm of inventors to innovate,and delay the pace of my country’s realization of the construction of an innovative country.Therefore,it is necessary to conduct in-depth research on the service invention system.This article sorts out the current state of legislation and judiciary in my country,points out the shortcomings of my country’s service invention system,and puts forward suggestions for improving my country’s service invention system from the perspective of balancing the rights and interests of both employers by comparing and learning from foreign legislative experience,so as to balance the interests of both parties..The research content of this paper is divided into the following five parts:The first part introduces the important significance of the service invention system to the development of our country,and probes into the latest research on the service invention system by scholars from the definition of the extension of service invention,the ownership of rights and the reward mechanism,etc.,and points out that the current research on the service invention system by Chinese scholars is of insufficiency.The second part analyzes the basic theory of service invention system,analyzes the realization mechanism of invention-creation,and discusses the evolution law,value pursuit and operation mechanism of service invention system.The third part mainly uses the system analysis method to point out the legal conflicts existing in the service invention system in our country;and points out the shortcomings of our service invention system from the substantive regulations and procedural regulations of the service invention system,mainly including: the scope of service inventions The identification of inventors is too broad,the distribution of inventors’ rights and interests is uneven,and the protection mechanism for inventors’ right to reward and remuneration is not perfect.Proceed from the above problems to explore the shortcomings of our country’s service invention system and the harm caused by the shortcomings.The fourth part compares the service invention system of several representative countries.By comparing the provisions on the definition of the extension of service inventions and the distribution of rights and interests in the service invention systems of the United States,Germany and other high-employee countries,the useful experience of foreign countries is summarized to provide a reference for the improvement of my country’s service invention system.The fifth part is mainly about suggestions for improving the service invention system in our country.Specifically,it starts with the substantive and procedural provisions of the service invention system.The main suggestions for improvement in the substantive provisions are: narrowing the scope of service inventions,balancing the rights of both parties,increasing the protection of inventors’ rights and interests when service inventions are protected as technical secrets,and reasonably determining the proportion of service invention profits and rewards.The main suggestions in terms of procedural regulations are: establishing authorship review procedures,standardizing service invention reward and remuneration distribution procedures,and improving service invention dispute resolution procedures.