职务发明创造专利共有的权利构造问题研究OACHSSCD

The rights structure of co-ownership of patents for employee inventions and creations exhibits characteristics of composability,coherence,and hierarchy.The composition of the rights subjects in co-ownership of patents for employee inventions and creations demonstrates composability and diversity,making the contents of co-ownership of patents rights the dual characteristics of flexibility and restriction.The rights structure of co-ownership of patents of employee inventions and creations should transform from a positive co-ownership model to a negative co-ownership model,and reduce the transaction costs in the exercise of co-ownership rights.In the ownership model of patents for employee inventions and creations,the structure of co-ownership of patents is unique compared to individually owned and separately owned rights,which can be mutually convertible.Units and researchers possess a two-tier rights structure at the level of patent right subjects and in scientific research and innovation activities.Units and researchers can reasonably determine the methods and scope of exercising co-ownership of patents for employee inventions and creations,thereby enhancing the effectiveness of co-ownership of patents and the balance of the distribution mechanism of joint profits.