Thinking on Further Strengthen the Protection of Employee-Inventor’s Rights ——Proposed Content for Modification and Perfection of Draft Regulations on Service Invention

In order to better safeguard the interests of the employee inventor, Draft Regulations on Employee Invention want to seek a balance between the employer and the employee. Following the current laws and judicial interpretation, the draft makes some refinement and innovation on the system of employee invention. Without doubt, this is a draft of great significance. At the same time, we should also see the imperfections. We suggest "the priority of agreement" should be used in all kinds of service inventions, and the draft should prohibit employer get the non-service invention by prior contract; the inventors have the right to get rewards no matter what way the service invention is used ; the design of reporting system must suite to China’ national conditions