職務發明獎酬制度的困境解讀與理論反思

The Institutional Predicament and Its Solution of the Employee Reward System in China

利益分配作為職務發明制度重要的組成部分，體現為獎勵與報酬兩種途徑，是實現激勵創新這一目的最直接也是最重要的方式。欲實現職務發明利益的合理分配：首先，應明確“獎酬”與勞動報酬的區別；其次，在功能方面應該明確“獎酬”是一種利益分配機制而非利益生成機制；最後，在實現途徑方面，應通過授權性規範確認發明人享有獲得獎酬的權利。

The Employee Invention System can be divided into two parts: ownership system and compensation or reward system, among which the reward system generally regarded as the employee reward plans which consists of bonuses and payment. In order to coordinate the various interests reasonably under the compensation or reward system: Firstly, a distinction must be made between labour reward and employee reward. Subsequently, Its should be emphasized that the employee reward plans is based on the market reaction of the related inventions. Finally, In respects of realization way, the Laws should regulated that the employee have the right to get compensation or reward from the Employee-Invention.