美国职务发明预先转让协议的考察与启示

Investigation and Inspiration on Pre-invention Assignment Agreements of Employee Innovation in the U.S.

职务发明预先转让协议作为一种职务发明约定权属模式,为美国企业所创设并在司法实践中被认可,有效地降低了职务发明转让的交易成本,促进了职务发明成果的转化运用。但是,雇员合法权益受损和反共有的问题滋生等一系列制度运行风险也与之相伴而生。因此,我国应该借鉴美国职务发明预先转让协议的运行经验,明确职务发明约定归属的效力优先性,促进职务发明约定归属的内容多元性,保证职务发明约定归属的范围合理性,以重构职务发明约定归属机制。

As one kind of rights ownership agreements of employee innovation,pre-invention assignment agreement of employee invention,which is created by U.S.companies and approved by the court,has reduced the transaction cost of the employee invention transfer and promote the transformation of the employeeinvention.However,a series of system risks,such as Impairing employee＇s legitimate rights and interests and arousing anti-common problem,are also associated with the operation.Thus,we should clear the priority in effectiveness,develop the diversification in content andensure the rationality in scope of rights ownership agreements of employee innovationto rebuild rights ownership agreements of employee innovation by using the experiences of pre-invention assignment agreement in the U.S.for reference.