Abstract：The ownership of Service Invention in the United States has undergone an evolution from the inventor to employer, and has completed the transfer from “agreement” to “statutory” in the field of government funding. The general rule revealed here is: the ownership of Service Invention depends on the social condition of the scarcity of human resources or material resources. At the same time, it also shows that enterprise-led and government-funded models are the two major models of science and technology innovation in modern states. As the government-funded invention involves multiple subjects and multiple interests, the legislations regarding the ownership of the inventions should be different. Inspired by those, based on the situation of unequal contractual status and unbalanced interests between inventors and units in China, the Patent Law should provide safeguards to ensure the inventors' benefits; in order to promote the transformation and utilization of scientific and technological achievements, the benefit-sharing mechanism and related supporting system legislation should be promoted through special laws.
张妮. 美国职务发明权属规则之演变及其启示[J]. 浙江工商大学学报, 2022, 36(4): 88-98.
ZHANG Ni. Enlightenment from the Evolution of Ownership Rules of Service Invention in the United States. Journal of Zhejing Gongshang University, 2022, 36(4): 88-98.
2022, Vol. 36 
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