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据专利公报统计,从1985年4月1日至1995年6月30日止,非职务发明占总申请量的62％,职务发明占总申请量的38％。从上述统计数据看出,非职务发明的专利申请量大于职务发明的专利申请量,为什么非职务发明申请量大于职务发明申请量呢?对其影响因素有如下几个方面: “一奖两酬”不兑现的影响 根据专利法实施细则第七十一条至七十三条的规定,对职务发明人在专利权授予后,在本专利实施所获利润后,在本专利转让后,职务发明人应按法律规定获得“一奖两酬”。这是对企业的发明创造的一种奖励规范,是发
According to the statistics of the Patent Gazette, from April 1, 1985 to June 30, 1995, non-service inventions accounted for 62% of the total number of applications and service inventions accounted for 38% of the total. From the above statistics we can see that the number of non-service invention patent applications is greater than the number of patent applications, why the number of non-service inventions is greater than the number of inventions applications? The impact of its factors are as follows: According to the provisions of Article 71 to Article 73 of the Detailed Rules for the Implementation of the Patent Law, after the invention patent is granted to the post-invention inventor, after the profits obtained from the implementation of this patent, after the patent is transferred, People should be required by law to obtain “a prize two pay.” This is a reward for the invention of the enterprise norms, is made