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国家资助项目中职务发明权利配置面临诸多法律法规与行政规章的规范竞合,其规范适用效果须以其能否有效促进其职务发明权利流转为判定基准,其效率价值实现有赖增进其职务发明权利流转、减小其交易成本、确保利益受损者获得有效补偿,完善其有关制度安排须明晰其职务发明权属的法定范围,完备其职务发明人的优先申请、优先受让与优先实施专利等法定权利,强化其职务发明人的法定义务。
In the state-funded project, the disposition of rights to job-suiting is confronted with many rules, regulations and administrative rules and regulations, and its normative effect should be based on whether it can effectively promote the transfer of the right to invention of his position as the benchmark. The realization of its efficiency value depends on the promotion of his invention right Circulation and reduce the transaction costs to ensure that the beneficiaries are effectively compensated to improve their relevant institutional arrangements must be clear the legal scope of their rights to invention, complete their priority inventor applications, priority assignment and prioritization of patents Statutory rights, to strengthen the legal obligations of their own inventors.