職務發明獎酬之約定優先原則探討

Discussion on the Principle of Giving Priority to Agreement on Reward and Remuneration for Service Inventions

一、引言 2015年4月2日，国务院法制办就国家知识产权局、科技部报请国务院审议的《职务发明条例草案（送审稿）》（简称《草案（送审稿）》）公开徵求社会各界意见。作为激励发明人从事技术创新的重要措施，同时也作为发明人对职务发明享有的主要权利，《草案（送审稿）》在第四章集中规定了奖励报酬，体现了约定优先原则为主，最低标准原则为辅的保障制度。

I. Introduction On 2 April 2015, the Legal Affairs Office of the State Council released the Draft Regulations on Service Inventions （Draft for Review） （hereinafter referred to as the Draft Regulations for Review） that were open for public comments, which were submitted to the State Council for review by the State Intellectual Property Office and the Ministry of Science and Technology of the PRC, As an important measure for encouraging inventors to make technological innovations and meanwhile a primary right to service inventions enjoyed by inventors, provisions for reward and remuneration are set forth in Chapter 4 of the Draft Regulations for Review to serve as a guarantee system that is based on the principle of giving priority to agreement and supplemented by the principle of minimum standards.