From Reward Orientation to Entitlement Orientation:The reform of Ownership of Service Invention in new China in the past 70 years
Zhang Huibin1, Wu Yunshi2
1.School of Civil and Commercial Law,Southwest University of Political Science and Law,Chongqing 401120,China; 2.School of Administrative Law,Southwest University of Political Science and Law,Chongqing 401120,China
Abstract：This paper focuses on the reform of the ownership of service invention and outlines the development course of the service invention system in the 70 years of new China through a reward-oriented and rights-oriented narrative.The main conclusions are as follows:in the 30 years before the reform and opening up,service inventors had enjoyed autonomy of will,and could decide the ownership of service invention patents and obtain corresponding awards.The subsequent changes in current events resulted in the useless patent system and the disappearance of the award for service invention.Thanks to the reform and opening-up policy,great progress has been made in the reform of China's scientific and technological system.The system of service invention has been restored step by step.The reform of science and technology system,the improvement of patent system,the promotion of patent policy and the incentive of innovation are the driving forces for the reform of service invention right in new China.At present,Regulations On Service Inventions (Draft)still has some disadvantages,such as the lack of strong protection of the rights and interests of service inventors as well as the underresponsibility of the unit.
张惠彬, 吴运时. 从奖励导向到权利导向:新中国70年职务发明权属的变革[J]. 中国科技论坛, 2020(4): 151-159.
Zhang Huibin, Wu Yunshi. From Reward Orientation to Entitlement Orientation:The reform of Ownership of Service Invention in new China in the past 70 years. , 2020(4): 151-159.