论科研人员在不同单位任职时职务发明的归属
发布时间：2018-11-21 06:40
【摘要】：当职务发明人在两单位任职时,该职务发明的权属问题一直是国内研究职务发明问题的焦点和难点,而科研机构作为特定主体,拥有区别于其他单位的自身特点,目前的专利法与正在公开征求意见的《职务发明条例草案(送审稿)》也没有明确针对科研机构的职务发明制定相应的法律条款。当科研人员在不同单位同时任职或前后任职时,科研机构职务发明的权利归属情况更是错综复杂。因此,有必要假设科研人员在不同单位任职时可能出现的复杂情形,有针对性的进行问题剖析,一方面充分解读分析现有的法律法规是否足以合理到权衡各方权利,另一方面结合理论与实证,给出对于科研机构职务发明制度的建议。
[Abstract]:When the job inventor holds office in two units, the ownership of the invention has always been the focus and difficulty of domestic research on the invention of duty. As a specific subject, scientific research institutions have their own characteristics different from those of other units. At present, the patent law and the draft regulations on Job inventions (draft for review), which are seeking public opinions, have not clearly formulated the corresponding legal provisions for the job inventions of scientific research institutions. When scientific researchers hold posts in different units at the same time or before and after, the ownership of the right of invention in scientific research institutions is more complicated. Therefore, it is necessary to assume the complex situations that may arise when scientific researchers hold office in different units, and to carry out a targeted analysis of the problems. On the one hand, it is necessary to fully interpret and analyze whether the existing laws and regulations are reasonable enough to weigh the rights of the parties. On the other hand, combined with theory and demonstration, this paper gives some suggestions on the system of scientific research institution's job invention.
【作者单位】： 中国科学院大学;中科院上海微系统所;
【分类号】：D923.42
，
本文编号：2346180
[Abstract]:When the job inventor holds office in two units, the ownership of the invention has always been the focus and difficulty of domestic research on the invention of duty. As a specific subject, scientific research institutions have their own characteristics different from those of other units. At present, the patent law and the draft regulations on Job inventions (draft for review), which are seeking public opinions, have not clearly formulated the corresponding legal provisions for the job inventions of scientific research institutions. When scientific researchers hold posts in different units at the same time or before and after, the ownership of the right of invention in scientific research institutions is more complicated. Therefore, it is necessary to assume the complex situations that may arise when scientific researchers hold office in different units, and to carry out a targeted analysis of the problems. On the one hand, it is necessary to fully interpret and analyze whether the existing laws and regulations are reasonable enough to weigh the rights of the parties. On the other hand, combined with theory and demonstration, this paper gives some suggestions on the system of scientific research institution's job invention.
【作者单位】： 中国科学院大学;中科院上海微系统所;
【分类号】：D923.42
，
本文编号：2346180
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