常州大学学报（社会科学版）2026，Vol.27Issue(3)：31-42,12.DOI:10.3969/j.issn.2095-042X.2026.03.004
职务发明创造专利共有的权利构造问题研究
On the Rights Structure of Co-ownership of Patents for Employee Inventions and Creations:From the Perspective of Positive Co-ownership and Negative Co-ownership
摘要
Abstract
The rights structure of co-ownership of patents for employee inventions and creations exhibits characteristics of composability,coherence,and hierarchy.The composition of the rights subjects in co-ownership of patents for employee inventions and creations demonstrates composability and diversity,making the contents of co-ownership of patents rights the dual characteristics of flexibility and restriction.The rights structure of co-ownership of patents of employee inventions and creations should transform from a positive co-ownership model to a negative co-ownership model,and reduce the transaction costs in the exercise of co-ownership rights.In the ownership model of patents for employee inventions and creations,the structure of co-ownership of patents is unique compared to individually owned and separately owned rights,which can be mutually convertible.Units and researchers possess a two-tier rights structure at the level of patent right subjects and in scientific research and innovation activities.Units and researchers can reasonably determine the methods and scope of exercising co-ownership of patents for employee inventions and creations,thereby enhancing the effectiveness of co-ownership of patents and the balance of the distribution mechanism of joint profits.关键词
职务发明创造/专利/共有/权利构造/复合性Key words
employee inventions and creations/patents/co-ownership/rights structure/composability分类
社会科学引用本文复制引用
刘强..职务发明创造专利共有的权利构造问题研究[J].常州大学学报（社会科学版）,2026,27(3):31-42,12.
