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国家之间的竞争归根到底是科技竞争的理念已成为各国的共识,于是,各国纷纷采取各种法律的、政策的措施来保护和促进本国科技的发展。知识产权便是其中一项重要的法律制度,而专利法作为知识产权法的重要组成部分与科技创新的联系尤为紧密。本文拟从对专利权归属的实质即利益的冲突与平衡角度,结合我国专利实务及国外立法司法实践,对我国专利法中关于职务发明与非职务发明的规定作一探讨。
In the final analysis, the competition among countries is the concept of science and technology competition has become the consensus of all countries. Therefore, various countries have adopted various legal and policy measures to protect and promote the development of science and technology in their own countries. Intellectual property is one of the most important legal systems, and patent law, as an important part of intellectual property law, is particularly closely linked with technological innovation. This article intends to discuss the provisions on the invention-based inventions and non-invention inventions in the Patent Law of our country from the perspective of the conflict between the essence of the ownership of patents and the interests and the balance of interests, combining with the patent practice in our country and the judicial practice in foreign countries.