State-Owned Employee Inventions——the State Ownership and Its Evolution in China's Patent Law
Xiao Youdan1,2
1.Institutes of Science and Development,Chinese Academy of Sciences,Beijing 100190,China; 2.School of Public Policy and Management,University of Chinese Academy of Sciences,Beijing 100049,China
Abstract：It is considered as a major legal problem that obstructs technology transfer,which is the public institutions without the total right to dispose their employee inventions in the practices.Most think the national universities and public research organization are the nominal right-owners,their employee inventions as state-owned asset actually owned by the state.In the long run,the invention reward and state-owned invention system replaced the inventor's patent rights.The way people get used to technology rewards to treat employee inventions.In fact,the patent law reform in 2000 has negated the state ownership of employee inventions.However,the coexistence of enterprise research and public research system makes it difficult to avoid the internal conflict between state ownership and patent right,as the private property right under the framework of public ownership.
2018, 
