国家资助项目职务发明权利配置的法经济探析

国家资助项目中职务发明权利配置面临诸多法律法规与行政规章的规范竞合,其规范适用效果须以其能否有效促进其职务发明权利流转为判定基准,其效率价值实现有赖增进其职务发明权利流转、减小其交易成本、确保利益受损者获得有效补偿,完善其有关制度安排须明晰其职务发明权属的法定范围,完备其职务发明人的优先申请、优先受让与优先实施专利等法定权利,强化其职务发明人的法定义务。

Economic Analysis of the Law on the Right Configuration about Service Invention in the Government-funded Project

There are some problems on normative conflict among laws, regulations and administrative rules with regard to the right configuration about service invention in the government-funded project. The benchmark for judging its effect of application of norms is if norms effectively promote the right of service invention to transfer. The realization of its efficiency value depends on enhancing its service invention circulation and reducing its transaction cost and ensuring its loser’s acquisition of effective compensation. And the improvement of its institutional arrangement depends on defining the statutory range of ownership of service invention, perfecting the service inventor’s statutory rights such as priority application, priority transferee and priority implementation of its patent, etc, and strengthening the service inventor’s statutory obligation.