高校职务发明权利归属的现实困境与优化路径

Realistic Dilemma and Optimization Path of Attribution of Rights of Job Inventions in Public Universities

优化高校职务发明权利归属制度,既是完善知识产权权益分配机制的基础,也是完善科技创新体系的重要内容。高校职务发明权利归属制度面临权利主体不明、权利客体模糊、权利取得位阶缺位等现实困境。为充分发挥专利制度激励科技创新、促进成果转化和推动经济发展的效用,应以促进产权自由流转为基础,确定高校职务发明的权利归属规则。首先,明晰高校职务发明的权利主体,赋予单位完整的权利,并将发明人纳入权利配置的主体范畴;其次,明确高校职务发明的权利客体,以专利申请权或专利权作为权利归属制度的核心;最后,确立高校职务发明的权利取得位阶,在类型化高校职务发明的基础上,灵活化权利归属的配置模式,并合理化约定权属的范畴。

Optimizing the system of attributing rights to job-related inventions in public universities is not only the basis for perfecting the mechanism of distributing intellectual property rights and interests,but also an important content of perfecting the system of scientific and technological innovation.The system of attributing rights to job-related inventions in public universities is faced with the dilemma of unclear subject of rights,ambiguous object of rights,and absence of the order of obtaining rights.In order to give full play to the patent system to stimulate scientific and technological innovation,promote the transformation of achievements and promote economic progress,we should promote the free flow of property rights as the basis for determining the rules for the attribution of the rights of job-related inventions in public universities:firstly,clarify the subject of the rights of job-related inventions in public universities,and give complete rights to the unit and include the inventor in the scope of the main body of the rights allocation;secondly,clarify the object of the rights of job-related inventions in public universities,and take the right of patent application or patent right as the right attribution;finally,to establish the right acquisition level of university job invention,and on the basis of the typology of university job invention,to flexibly configure the allocation mode of the right attribution,and to rationalize the scope of the agreement on the right attribution.