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职务发明是在履行职务的过程中或者主要是利用单位物质、技术条件完成的,如何确认和保护职务发明人的权益已经成为当今的重要课题。只有使职务发明人的权益得到合法、有效、充分、切实的保护,才能使他们安心创造,进而推动整个社会的科技进步和综合国力的提升。而就我国目前对职务发明的保护措施来看,在法律层面上缺乏对其进行救济的有效手段,是明显的漏洞。鉴于职务发明人在我国科技进步中的重要作用,本文对职务发明人权益的相关内容进行了详细阐述,并结合国外相关立法与我国现行立法提出了具体建议,以促进对职务发明人的法律保护。
Service inventions are fulfilled in the performance of their duties or the main use of organizational material and technical conditions, how to confirm and protect the rights and interests of service inventors has become an important issue today. Only by giving legal, effective, sufficient and effective protection to the rights and interests of service inventors can they be relieved of their creation and promote the progress of science and technology and the improvement of overall national strength of the entire society. However, judging from the current protection measures for service inventions in our country, there is a clear loophole in the lack of legal means to remedy them. In view of the important function of service inventor in the progress of science and technology of our country, this article elaborates the relevant contents of the rights and interests of service inventor in detail, and puts forward some specific proposals in connection with the relevant legislation in foreign countries and the current legislation in our country so as to promote the legal protection of service inventor .