职务发明专利权属纠纷实务分析

Practical Analysis of Disputes over Patent Ownership of Service Inventions

随着知识产权保护意识增强和人才流动越来越频繁,职务发明专利权属纠纷案件激增。目前,此类案件的审理尚未形成统一的标准,包括发明人的诉讼地位、实质性特点的认定、创造性贡献的认定、职务发明的认定等多项程序及实体问题,不同的法院甚至同一法院不同法官都可能有不同的理解和处理。笔者结合相关法律法规、司法案例,阐述对几个问题的思考,以提供合理、可行的认定思路。

As the awareness of intellectual property protection has increased and the flow of talents has become more frequent, there has been a surge in disputes over the ownership of patents for service inventions. At present, the trial of such cases has not yet formed a unified standard, including the inventor’s litigation status, identification of substantive characteristics, identification of creative contribution, identification of service inventions, and many other procedural and substantive issues, different courts and even different judges of the same court may have different understanding and handling. Combining relevant laws, regulations and judicial cases, the author elaborates on several issues in order to provide reasonable and feasible identification ideas.