Reflections on medical research management from judicial judgments on disputes related to service invention patents
10.3760/cma.j.cn113565-20240115-00012
- VernacularTitle:职务发明专利相关纠纷的司法判决为医学科研管理带来的思考
- Author:
Shuanglei KONG
1
;
Shuai MENG
;
Shuqin JIA
Author Information
1. 北京大学肿瘤医院暨北京市肿瘤防治研究所科研处，恶性肿瘤发病机制及转化研究教育部重点实验室，北京 100142
- Keywords:
Patents;
Service inventions;
Research management;
Judicial judgments;
Dispute
- From:
Chinese Journal of Medical Science Research Management
2024;37(4):290-294
- CountryChina
- Language:Chinese
-
Abstract:
Objective:To understand the legal disputes that are prone to arise in judicial practice regarding service inventions, this study aims to explore prevention strategies for patent disputes related to service inventions in medical research institutions from the perspective of scientific research management, guided by the standardization of intellectual property management and the promotion of achievement transformation.Methods:This study sorted out the judgments of patent related cases related to official inventions on the China Judgment Document Network from January 1, 2018 to December 31, 2023, analyzed the case situation, summarized the types of disputes, the reasons for disputes, and propose countermeasures.Results:A total of 469 dispute cases related to service invention patents were analyzed, with over 90% being ownership disputes. Among them, 413 cases involved patent ownership disputes, and 73.1% of the cases were judged as service inventions. There were only 14 cases involving disputes over the authorship rights of inventors and designers of inventions and creations, and 78.6% of cases had made judgments against disputed inventors and designers who were not the actual inventors or designers of the patent in question. There were 42 cases involving disputes over the distribution of benefits such as rewards and remuneration for inventors and designers in the field of service inventions and creations. In most cases, the judgment units should pay bonuses to inventors and designers.Conclusions:This study suggests that research institutions establish a disclosure system for job related scientific and technological achievements, guiding researchers to actively and timely disclose job related scientific and technological achievements to their respective research institutions, stimulate innovation enthusiasm, improve intellectual property management system and service mechanism, strengthen the construction of scientific research integrity and avoid scientific research integrity issues such as the naming of patent inventors and designers.
