The Study of Employee Invention - An Comparison of System of Taiwan and USA and Japan

• Main Authors: Lyu, Hao-Wei, 呂浩瑋
• Other Authors: Kuo,Ling-Hwei
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/61097007558134453565

碩士 === 國立臺北大學 === 法律學系一般生組 === 100 === In the modern ,the emergence of an invention is not one man alone would be sufficient to reach. The emergence of an invention takes a lot of manpower, equipment and resources. Therefore, the input and assistance of company become the key of the invention. Of course, inventor has contribution for the invention, but his contribution seems not as good as the past. Under such circumstances, arises a problem that how to attributable to the patent and the interests between company and labor who invented the invention. The contribution of company for the invention is more than past, and the contribution of labor for the invention is gradually reduced, and Labor to take delivery of a certain salary. In the above circumstances，the purpose of this study is to explore related issues of the invention of labor, and reference to compare the legislation of the United States, Japan and Taiwan, practice opinion, doctrine,and hope to provide the recommendations of the future amendment of the Patent Law of Taiwan. This study focuses on the case of employee invention how to identified employers and employees, and how to identified employee invention,and analyze its legal effect and compensation. After the comparison of the legal system of the United States and Japan, this study tries propose amendments of provisions of the Patent Law of Taiwan on the employee invention. Keyword: employee invention, employed-to-invent, shop right, compensation.