Reform of Service Invention System Under Encouraging Creation and Transformation——Also on the Amendment of 6th Clause of Patent Law
Cheng Jiahong1, Rao Shiquan2
1.School of Public Affairs & Law,Southwest Jiaotong University,Chengdu 611756,China; 2.School of Marxism,Southwest Jiaotong University,Chengdu 611756,China
Abstract：Based on the modification of“Mixed-Ownership Reform of Principalship Invention”and“The Amendment of the Patent Law(Draft)”of one university,this paper aim to accelerate the service invention and its transformation through reorganization of right ascription.The Interest Balance Theory—Service Invention System Theory,derived from Creation-Encourage Theory and Property Allocation Theory,emphasizes the balance between the interests of inventors and society.On the foundation of the Interest Balance Theory,the new Interest Balance Theory is formulated,which emphasizes the origin of value of service invention system by encouraging invention,and distinguishes the relation between service invention-creation and transformation.The theory focuses on the balance between the enterprise and inventors,as well as between user and social rights,with the goal of value to encourage creation and transformation.Therefore,reforming Service Invention System and amending the 6th clause of Patent Law should be based on the new Interest Balance Theory,which coordinates to encourage invention and transformation,and sets a system of right attribution,right exercise and profit sharing with clearly legal hierarchy and improves corresponding system of rules
陈家宏, 饶世权. 协同激励创造与转化的职务发明制度重构研究——兼论《专利法》第6条的修改[J]. 中国科技论坛, 2019(7): 19-26.
Cheng Jiahong, Rao Shiquan. Reform of Service Invention System Under Encouraging Creation and Transformation——Also on the Amendment of 6th Clause of Patent Law. , 2019(7): 19-26.
2019, 
