职务发明权属再研究——《关于审理技术合同纠纷案件适用法律若干问题的解释》之解析

《关于审理技术合同纠纷案件适用法律若干问题的解释》从“量”和“质”上对职务发明中“主要利用本单位的物质技术条件”进行了界定并确定了约定优先原则,但其没有从发明本身与单位的关系上作进一步的明确和限定,以致职务发明的适用范围仍显宽泛。因此,为平衡当事人利益并推动整个社会的技术进步,应建立申报等系列制度。

A Restudy on the Right Ownership of Service Invention: Understanding Interpretations by Supreme People''''s Court on Certain Issues Regarding Laws Applicable to Trying Cases Concerning Disputes Involving Technology Contracts

Interpretations by Supreme People's Court on Certain Issues Regarding Laws Applicable to Trying Cases Concerning Disputes Involving Technology Contracts defines "mainly use the materials and technical conditions of one's working unit" in terms of both quality and quantity,and sets up the rule of agreement priority.But the interpretations fail to elaborate and define the relationship between the inventor and his or her working unit so that the service invention is still applicable to a much broader scope.Consequently,in order to balance the interest of involved parties and push forward the social technological development,the paper suggests that a series of systems such as declaration system should be established.