高校科技成果混合所有制的专利制度问题研究

Research on the Patent Regime Issues of Mixed Ownership of Scientific and Technological Achievements in Universities

高校科技成果混合所有制中高校和发明人将共同享有科技成果,明确划分各自所有的权利份额,并且根据该份额行使权利、获得收益并承担责任。在专利制度领域,混合所有制面临职务发明权属约定范围限制及专利共有权约定范围限制等问题。有必要明确职务发明权属约定优先原则,允许专利共有人约定共有份额并进行自由转让,使得混合所有制改革具有明确的法律基础,促进我国高校科技成果转化。

In the mixed ownership system of scientific and technological achievements in universities,universities and inventors will jointly enjoy scientific and technological achievements,divide clearly all their share of rights and proportions,and exercise rights,gain profit and undertake responsibility according to the share.In the field of patent regime,mixed ownership is faced with problems such as restrictions on the scope of ownership agreements of employee invention and restriction of the scope of patent joint rights.It is necessary to clarify the agreement priority principle of the employee invention ownership,allow the patent owners to agree on the share of patent and transfer freely it,so that the mixed ownership reform has a clear legal basis and promote the transformation of scientific and technological achievements in China’s universities.