The Right to Employee Inventions in Patent Law: Debunking the Myth of Incentive Theory

ISBN-13: 9781509920310 / Angielski / Twarda / 2018 / 232 str.

Kazuhide Odaki

Spis treści

1. Introduction I. Background and Purpose of this Book II. Scope and Contents of the Book PART I FINANCIAL INCENTIVES AND THE MOTIVATION, PRODUCTIVITY AND CREATIVITY OF EMPLOYEE INVENTORS 2. Motivation of Employee Inventors and the Effect of Incentives on their Productivity I. Practice of Compensation to Employee Inventors II. The Motivation-Hygiene Theory: Criticism and its Usefulness III. Job Satisfaction and Motivation of Scientists and Engineers IV. Motivation to Invent: Evidence from PatVal-I/II and RIETI Surveys V. Financial Incentives and the Productivity of Employee Inventors 3. Inventor Remuneration in the Organisational Context I. Serendipity and Corporate Hierarchy II. Teamwork in Inventing III. Individualism, Collectivism and the Effect of Inventor Remuneration 4. Monetary Rewards and the Creativity of Employee Inventors I. Controversy over the Effect of Monetary Rewards II. General Discussion III. Analysis of Legal Schemes for Inventor Remuneration IV. Factors that Facilitate Workplace Creativity and Innovation V. Case Study: 3M VI. Summary of Part I PART II OWNERSHIP OF EMPLOYEE INVENTIONS AND THE VALIDITY OF THE INVENTOR PRINCIPLE 5. Legitimacy of Employer Ownership I. Rationale 6. The United States I. Significance of the Patent and Copyright Clause: Adding the Fuel of Interest to the Fire of Genius II. The ‘Hired to Invent’ Rule III. The Shop Right Rule IV. Pre-invention Assignment Agreements 7. Other Common Law Countries I. England and Wales II. Australia, Canada and Other Common Law Jurisdictions 8. Inventions Made by University Researchers I. The Victoria University of Technology and University of Western Australia Cases II. Open Science and the Issue of Patenting Academic Inventions III. Ownership of Academic Inventions 9. Civil Law Countries I. Germany II. Japan III. Summary of Part II 10. General Conclusion I. Summary of the Argument II. Policy Implications III. Theoretical Implications