发明实施:创造过程的延续扩展

Implementation of Invention:An Extension of Innovation Process

发明实施是发明由构思转化为产品、流程的过程。智力活动具有创造性和重现性双重属性,大脑内思维活动和受思想支配的人的活动两种形式。发明实施是一个创新过程,是创造过程的延续与扩展。否认发明实施依赖于人的智力活动和对"智力活动的规则和方法"不授予专利权,其原因在于将a mental act翻译为智力活动不妥和专利立法指导思想模糊不清。专利法修订应取消"智力活动的规则和方法"不授予专利权款项,发掘每一个员工的创造力。

Invention is a matter of a conception, and the implementation of invention is virtually a process of transferring the concept into product and process. Intellectual activities are characteristic of creativeness and repeatability, which are performed in two major forms： mental activities in brains and activities of a person that is ruled by thoughts. Invention implementation is a process of innovation and an extension of creation process. The denial of the dependence of invention implementation on man＇s intellectual activities and the prohibition on authorizing patent right to ＂the rules and approaches of intellectual activities＂ are due to the inappropriate translation of ＂a mental act＂ into ＂智力活动＂ and the vague understanding of the guiding principles of patent legislation. The prohibition of authorizing patent right to ＂the rules and approaches of intellectual activities＂ should be eliminated in the process of the amending of patent laws so as to make a full play of the creativity of every employee.