Abstract
With the continuous deepening of the reform of political system, the transparency of the governmental decision and the governmental action has become an inevitable trend in China. In order to conform to this trend, the content of the patent ownership of inventions-creations created by the government-funded has been added in the Law of the People’s Republic of China on Science and Technology Progress (the amendment bill) and the Patent Law of the People’s Republic of China (the amendment bill for examination). For the understanding of these provisions, this book studies on the mode of the patent ownership of inventions-creations arising from mainly government-funded research programs. The conclusion is that among inventions-creations created by research programs mainly using government funds, the right of patent applications or the patent right of the ones involved with the national security or vital interests shall belong to the state, unless a funding agreement is signed for it; the right of patent application or the patent right of the ones not involved with the national security or vital interests shall belong to programs undertakers; if the program is also funded by the third party, the right of patent applications or the patent right shall be decided with a funding agreement between program undertakers and the third party, when there is no agreement or the agreement is not explicitly, the right of patent applications or the patent right shall belong to program undertakers.
This paper was published at the 2008 International Conference on Public Administration, author is Yongzhong Qiao.
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Notes
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Ruan Chengfa. WTO and the government reform [M]. Economic Daily Press, 2002, 310. (in Chinese).
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Mower, D.C., Nelson, R.R. and Sampat B.N.: Ivory tower and industry innovation—university-industry technology transfers before and after the Bayh-Dole Act. Stanford, California: An Imprint of Stanford University Press, 2004.
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Mei Yaping, Lu Fei. Policies study on intellectual property management on national science and technology projects [J]. Research and Development Management, 1994, (2):68–73 (in Chinese).
- 5.
This is the popular name of the law, which takes its name from the principal sponsors in the Senate: Birch Bayh and Robert Dole, the actual name is the “University and Small Business Patent Procedures Act”.
- 6.
The Economist Newspaper and the Economist Group, Innovation’s Golden Goose, The Economist: Science Technology Quarterly (2002), available at http://www.economist.com/science/tq/displayStory.cfm?story_id=1476653.
- 7.
Mower, D.C., Nelson, R.R. and Sampat B.N.: Ivory tower and industry innovation: university-industry technology transfer before and after the Bayh-Dole Act. Stanford [M], California: An Imprint of Stanford University Press, 2004, 95–97.
- 8.
The Law on Science and Technology Progress (the amendment bill) came into force in July 1, 2008.
- 9.
Article 1 of the Several Regulations on Management of Intellectual Property Rights of National Scientific and Technological Research Programs Achievements regulates that intellectual property rights, which created by scientific and technological research programs using government funds, are owned by the program undertaker, except them involving the national security, the national interests and the major social and public interests.
- 10.
The scientific and technological achievements production rate so low in 2001, this book cannot explain base on the existing information.
- 11.
The data of patents application, invention patents application, patents granted and invention patents granted by NPKBRD cannot be obtained in the existing conditions.
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Qiao, Y. (2017). Study on the Ownership of Inventions-Creations by the Government-Funded in China. In: Qiao, Y. (eds) Maintenance Time and the Industry Development of Patents. Springer, Singapore. https://doi.org/10.1007/978-981-10-1621-9_15
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DOI: https://doi.org/10.1007/978-981-10-1621-9_15
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