日本职务发明制度:演进、革新和启示

The Employee Invention System in Japan: Evolution, Reform and Implications

日本自1921年以来的职务发明制度一直偏重保护发明人利益。2015年专利法修改从根本上对职务发明制度进行调整,通过选择性的雇主原始归属原则和灵活的发明人奖励制度赋予企业更多自主权。在发明人奖励方面,2015年法继承和发展了程序重视的理念。在当前企业创新环境和研发模式发生重大变化的背景下,日本职务发明制度的发展和变革对我国有重要启示。法律必须对职务发明问题保持一定程度的介入;避免"雇主雇员二分对立"式思想,采取灵活的职务发明制度设计,赋予企业更多的自主权;注重从程序上规范发明人奖励报酬的支付;明确法院计算奖励报酬具体数额时应考虑的因素。

Since 1921, the employee invention system in Japan has been paying more attention to the inventors’ interests. The 2015 amendment to the Japanese Patent Act involves a drastic revision to the employee invention system under which employers are given more freedom and autonomy. The right to obtain a patent for an employee invention can be originally vested in the employer if there is such an agreement in advance. The employer can adopt a more flexible inventor reward scheme than before. Regarding the inventor reward, the 2015 Patent Act carried on and further developed the idea of valuing the paying process. In the context of signi ficant changes in the R & D models and innovation environment for enterprises, there are important implications for the revision and improvement of the employee invention system of China. Firstly, the law should not leave the matter completely to be subject to the hand of free market. Secondly, instead of the dichotomy between the employer and the employee, the employee invention system should maintain flexibility so that enterprises can have more managerial autonomy. Thirdly, regarding the legal regulation of the inventor reward, more emphasis should be laid on the due process of the payment. Finally, the factors for consideration in calculating the amount of the inventor reward in the judicial process should be specified.