Employee Inventions Research Articles

직무발명 보상에 대한 사용자 인식과 효과

직무발명 보상에 대한 사용자 인식과 효과

직무발명의 실시를 통한 회사의 이익이 회계상 적자(赤字, deficit)인 경우의 직무발명보상금 산정

직무발명의 실시를 통한 회사의 이익이 회계상 적자(赤字, deficit)인 경우의 직무발명보상금 산정

Monetary Rewards and Innovation Outcome: Contingencies of Inventor’s Characteristics

This paper leverages the second amendment to China’s Patent Law as a natural experiment setting, and investigates the effect of monetary rewards on employee inventor’s innovation outcome, as well as the contingencies of inventor’s individual characteristics. Based on the literature of motivating innovation and monetary incentives, we argue that monetary rewards motivate inventors to produce more patents; nevertheless, monetary rewards incur a decline in their patent quality. Inventor’s tenure in the current company strengthens the negative effect of monetary rewards on patent quality, while inventor’s technology specialization attenuates such a negative effect. We establish a novel dataset by linking Chinese inventors to their patents in the State Intellectual Property Office, as well as to firm-level financial demographics. Our difference-in-differences research design delivers corroborating evidence to our predictions.

Calculation of Exclusive Right Contribution Rate (Excess Revenue Rate) Based on Exclusive License Royalty & Non-exclusive License Royalty in Calculating Employee Invention Remuneration

Calculation of Exclusive Right Contribution Rate (Excess Revenue Rate) Based on Exclusive License Royalty & Non-exclusive License Royalty in Calculating Employee Invention Remuneration

Employee Invention: Principles Governing the Assessment of Outstanding Benefit to an Employer and the Fair Share of the Employee

Employee Invention: Principles Governing the Assessment of Outstanding Benefit to an Employer and the Fair Share of the Employee Get access GRUR International, Volume 69, Issue 7, July 2020, Pages 743–753, https://doi.org/10.1093/grurint/ikaa036 Published: 15 May 2020

The Influencing Factors of University Teachers' Willingness to Disclose Inventions - Empirical Study from China

University teachers selectively disclosing inventions leads to a serious loss of high-value inventions in colleges, which seriously hinders the transformation process of university patents. To promote achievement transformation, Sichuan Province took the lead in carrying out the pilot reform of the mixed ownership of employee inventions in universities in China and encouraged professional inventors to transform achievements with property rights. However, whether university teachers are willing to disclose high-quality inventions to universities is unknown, and the stimulating effect of reforms on college teachers remains to be examined. From the perspective of the current situation of university teachers' willingness to disclose inventions in the process of the transformation of university patents, this paper selects teachers from seven universities in Sichuan Province, China, as the objects of the questionnaire, including Sichuan University and Southwest Jiaotong University. The study uses a structural equation model and draws the following conclusions: university teachers' characteristics, incentive mechanisms, and invention characteristics are positively related to their willingness to disclose inventions; enterprise activities are negatively related to university teachers' willingness to disclose inventions; and the influence of patent examination on the intention of invention disclosure is weak.

Rewarding employee inventions in corporations

PurposeReasonable remuneration of employee inventions is a controversial issue causing court litigations among employees and employers in many countries. The paper aims to shed light on the missing economic interpretation of the reasonable remuneration of employee inventions. Specifically, it focuses on the concept of “reasonability” at the issue.Design/methodology/approachIn an empirical qualitative multiple case-study setting, the paper explores inductively Czech corporate employee inventors' remuneration systems, using typological analysis and M. Weber's interpretative theoretical construct of “ideal type.”FindingsAt the first level, reasonability is a function of multi-amount rewarding, a certain level of total remuneration and identifiable benefits being a decisive factor. Additionally, the reasonability is conceptualised as a function of two dimensions – timing/risk and benefit–reward relation. At the second level, the reasonability is interpreted as a concept balancing seven points of view: timing, materiality, equity, risk management, transparency, system costs and exactness. At the third level, the paper offers an optimal remuneration system like the one that optimises developed seven-criterion framework.Research limitations/implicationsEven if analysed within one-country and nine-company context, the insights are generalisable across a broader sample of countries with statutory rules for employee inventions. Studying more cases may enrich the findings. The findings are based merely on a rational perspective and do not deal with psychological aspects of employees.Practical implicationsThe results may be helpful for intellectual property or R&D managers in building or reorganising employee invention remuneration systems within corporations. The developed seven-criteria model can serve as a discussion framework; the suggested optimal system as a reference point. The results may serve as well to consultants, judges or other parties involved in currently growing employee–employer controversies and litigations. The analysis may fuel public policy decisions, too.Originality/valueThe paper brings unique and detailed empirical insights into the issue of employee inventions. It offers a complex multi-perspective (employee/employer) framework through which the reasonability can be discussed and suggests an optimal system, which can serve as a reference point.

Employee-Inventor’s Right to Compensation in Patent Law System in Indonesia and some Countries

The understanding of the regulation of compensation system gives a picture of how an owner of a corporation determines his/her business strategy as well as avoiding conflict with employees. For employees, it is important to understand how the corporation regulates the compensation system so that they know their rights. Understanding compensation system also encourages employees to be innovative. This study is about compensation to employee inventor and the regulation of how the compensation is granted and how much the corporation spends to compensate their employee inventors. The regulation of compensation system for employee inventors in Indonesia has not been regulated clearly and measurably in patent law as well as in labor legislation. In some other countries (Japan, South Korea, China, French and Germany), the regulation of compensation system is a mandatory rule in nature, and even the regulation of mechanism, the amount and the institutional system of the compensation have been well regulated in their patent, labor or manpower, employee inventions and innovation, and technology promotion law. The regulation of the right to compensation that is clear and measurable in some top rank countries has been proven to be able to boost not only innovation climate and promotion of Science and technology, but also economy growth.

직무발명신고서, 특허출원서, 특허공보 등에서의 발명자 기재에 대한 추정력 인정 여부

직무발명신고서, 특허출원서, 특허공보 등에서의 발명자 기재에 대한 추정력 인정 여부

Is It Time to Codify Principles for Ownership of Academic Employee Inventions? The Disconnect between Policy and the Law

Australian patent law contains no express code for ascertaining ownership of employee inventions, other than to vest rights by statute in the first instance in the inventor. The rights of an employer must derive from the inventor. In the private business sector, the usual way in which an employer will protect its rights to inventions that its employees are paid to create is with an express term in the employment contract. This will commonly involve some requirement to assign future inventions to the employer. In the past, where the owner of a business might have overlooked the need for an express claim, or where an express claim was found to be unenforceable, the courts have developed doctrines at common law and in equity to protect the entitlement of business owners to inventions that arose from work that the employee was paid to perform. At common law, a term was implied in law into employment contracts to the effect that the employer is entitled to the product of the work that the employee is paid to perform, even when the product is a patentable invention.

Founder CEOs and innovation: Evidence from CEO sudden deaths in public firms

Using a unique dataset on U.S. publicly listed firms that experienced sudden deaths of CEOs during the 1979–2002 period, this paper investigates the relationship between founder CEOs and innovation in public firms. Our main results show that the exogenous change from a founder CEO to a professional CEO is associated with a 43.8% decrease in a firm's citation-weighted patent count, even when controlling for R&D expenditures, suggesting that founder CEOs are better managers of innovations than professional CEOs. To better understand the relationship, we also explore plausible mechanisms that may underlie this relationship. Our analyses show that founder-CEO-managed firms are more likely to generate innovations at the both tails of innovations’ quality distribution (highest and lowest quality patents) and explorative patents than professional-CEO-managed firms. We also determine that change in leadership from a founder CEO to a professional CEO leads employee inventors to leave the firm, suggesting that founder CEOs are better at retaining innovative minds than professional CEOs. However, we do not find evidence that founder-CEO-managed firms allocate more capital to R&D investments than professional-CEO-managed firms.

Mixed Ownership of employee inventions in China's universities: progress, issues and suggestions

As the most innovative and important institutes for the development of science and technology in China, due to various reasons, universities have not effectively achieved the commercialization of employee inventions. As a result, some universities have decided to conduct pilot projects with Mixed Ownership concerning patent rights for employee inventions under the framework of the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (PTSTA) and Patent Law, namely transferring a portion of the rights to the employed inventors before the inventions are commercialized. The pilot reform has been backed by some local governments in China. This article systematically introduces and analyses this experimental system's theoretical and practical background, legal theory and policy logic. Southwest Jiaotong University (SWJTU) was selected as the subject of a case study to analyse its related progress and issues. This article also puts forward countermeasures and suggestions, such as establishing the comprehensive scientific research work orientation of the researchers in universities, preventing the legal risks of the transformation of employee inventions in universities, improving the capabilities of China's technology transfer institutions, and carrying out legislative practices, thereby providing references for the effective management of universities’ intellectual property and the reengineering of the employee invention system in China.

Determination of Inventors’ Dedication Rate for Calculating Remuneration of an Employee Invention

Determination of Inventors’ Dedication Rate for Calculating Remuneration of an Employee Invention

Status and Contemporary Development of Employee Inventions Ownership in G-20 Countries

The study discusses the ownership arrangements of employee invention in patent law system in several countries that become the members of G-20 and comparable with employee invention arrangement in patent law in Indonesia.The research approach used by normative juridical and the data used is secondary data and used qualitative analysis. The concept of setting a clear ownership of employee inventions by relying on the doctrine hired to invent or shop rights in the adoption of the patent law system in the advanced industrial countries that become G-20 members proved able to create a climate of innovative inventions by employees of the company and also donate the progress of science and technology.In Indonesia, the concept of employee inventions that have not been expressly provided in Article 12 of Patent Law of 2016 and has not yet adopted the doctrine hired to invent or shop rights gives the benefit of the employer/company to have exclusive rights to the patent and exploit freely on inventions resulting workers but on the other hand less can create a conducive climate for workers to generate innovative inventions.

직무발명보상에서 조직의 공정성이 조직유효성에 미치는 영향에 관한 연구

직무발명보상에서 조직의 공정성이 조직유효성에 미치는 영향에 관한 연구

군 장병 등의 직무발명 판단기준에 관한 연구

군 장병 등의 직무발명 판단기준에 관한 연구

Employee invention in collaborative research

Employee invention in collaborative research

A Study on Improvement of the Calculation Methodology of Employee Invention Compensation

A Study on Improvement of the Calculation Methodology of Employee Invention Compensation

Analysis on Educational Effects of IP Meister Program

이 연구는 특성화고·마이스터고를 대상으로 한 IP Meister 프로그램의 교육효과와 문제점을 조사 분석하여 개선 방안을 모색하기 위하여 수행되었다. 연구 방법은 비구조적 질문지를 이용한 사례 조사를 실시하였고, 연구의 결론은 다음과 같다. 첫째, 사례 조사 결과 IP Meister 프로그램이 직업기초능력과 발명·지식재산능력에 교육 효과가 있음을 확인하였다. 직업기초능력은 자기관리능력, 대인관계능력, 의사소통능력, 자원활용능력, 문제해결능력 등이 교육 효과가 있는 것으로 나타났고, 발명·지식재산 능력은 발명 능력, 발명태도, 지식재산 능력, 문제해결능력, 진로 역량, 창의성 순으로 교육 효과가 있는 것으로 나타났다. 둘째, 사례 조사를 통해 분석된 IP Meister 프로그램의 주요 문제점은 아이디어 관련 전공의 전문성 및 기능에 대한 전공 프로그램 부재, 학습자 특성이 반영되지 못한 발명·지식재산 교육(소양교육, 기초/심화교육) 이수의 의무화, 직무발명 경진대회에서 참여 과제 유형을 고려하지 못한 입상체제의 단일화, 인적·물적 네트워크 부재 등으로 나타났다. IP Meister 프로그램의 교육적 효과를 높이기 위한 개선 방안으로는 아이디어 관련 전공 학계 또는 기업 현장 전문가의 전공 멘토링 프로그램 개설, 참여학생의 수준에 따라 소양교육·기초/심화교육의 선택 이수, 직무발명 경진대회에서 참여과제 유형에 따른 입상체제의 이원화, 참여 학생과 전문가 간에 네트워크 형성을 위한 온라인 커뮤니티 구축 등을 제안할 수 있다.This study is aimed at analyzing an educational effect for IP Meister Program intended for vocational high schools, researching the educational effect and problems, and grouping for improvement plans. This study implemented written surveyed through unstructured questionnaire and the results of the study are as follows. First, IP Meister Program was proved to have an educational effect on vocational competency and invention·intellectual property competency, by means of excellent cases. The educational effect of vocational competency was proved in self-control competency, followed by interpersonal relation competency, communication competency, recycling competency, and problem solving competency. For invention·intellectual property competency, the educational effect was proved for invention competency, followed by invention attitude, intellectual property competency, problem solving competency, future course capability, and creativity. Second, problems of IP Meister Program through excellent cases, included an absence of major Program for idea-related professionalism and function, exclusion of learner’s characteristics, obligation to complete invention·intellectual property education (knowledge education, basic/intensified education), unification of prize system excluding subject types for an employee invention contest, and an absence of human · physical network. In order to raise an educational effect, it was necessary to consider opening an idea-related major field of study or mentoring Program of corporate on-the-spot professionals, letting participating students select one from knowledge education, basic/intensified education, according to their level, diversifying a prize system according to the subject type during an employee invention contest and building online community to create network between students and professionals.

A Study on Improvement of the Calculation Methodology of Employee Invention Compensation

A Study on Improvement of the Calculation Methodology of Employee Invention Compensation