職務發明獎酬義務主體研究

Research on the Duty Subject of Reward for Employed Invention

職務發明獎酬制度的設置對專利創造有著至關重要的影響，直接調整著企業研發與雇員發明創造的積極性。目前職務發明獎制度規定的支付義務主體備受詬病，因此很有必要在立法上對“職務發明獎酬制度”進行重新構造，將職務發明獎酬支付義務主體固定為發明人或者設計人的所屬單位。應當在立法條款上明確“發明人所屬單位”與“被授予專利權的單位”不一致的情形，從根本上杜絕企業之間的關聯交易給發明人權利帶來的損害，確保發明人或者設計人與其所屬單位之間權利義務的動態平衡，推進我國科技創新事業的發展。

the employed invention reward system has important influence on patent creation, which directly adjusts the invention enthusiasm of enterprise and employees. At present, the clause of unit which has the duty to provide the reward system of has been much criticized, so it is very necessary in the legislation to reconstruct 'the invention reward payment regime' and set the obligation unit fixed to the one which employ the inventor or creator. It is necessary in terms of legislaltion to make it clear the situation 'inventor employed units' and 'the one which has been granted a patent' is not the same, in order to fundamentally eliminate the damage bring to inventors rights related transactions between enterprises, ensure the dynamic balance of rights and obligations between the inventor or creator and its subordinate units, to promote the development of China's science and technology innovation.