The study of reasonable remuneration for employee invention: focusing on the amendment of Japanese patent law in 2015

我國專利技術產出之主要形式以企業經營研發單位產出發明、技術為核心，而企業與其發明人員工間就研發成果之關係，原則上屬於職務發明制度之範疇。為推展國家之科技實力，厚植技術能量，職務發明制度之設計是否完善、符合產業需求，是根本性關鍵。在以科技立國的台灣，職務發明制度之重要性更是不言而喻。另如企業之發明獎勵制度設計完善、優厚，有效提高受雇人投入研究之意願，更能產出傑出發明，進而取得優質專利，促進產業發展。 法律制度或是司法實務之落實，須致力在尊重企業自治及弱勢勞工之保護取得均衡點，以促進勞資雙方投入研發之誘因。然我國雖肯認雇用人原始取得因職務發明所得之權利，對於適當報酬卻無妥善之規定。且目前學說及實務就此之討論未獲得足夠重視，受雇人之保護顯然失衡。反觀日本自2000年初期開始有大量職務發明相關訴訟出現，至今經過眾多學者及實務家交互辯證以及兩次修法，其中學術討論之結晶以及產業界之回饋皆相當值得參考。 本論文藉由梳理過去我國及日本學說、實務見解對於適當報酬之評論及建議，整理出職務發明訴訟之特色，作為分析之基礎。進而研究日本學說及實務就適當報酬司法審查（相當利益之合理性審查）之見解，以檢討相關紛爭解決機制如何設計。並依據本論文之分析，細化日本各學說對於合理性審查之見解──程序目的說以及程序手段說，再依據後者適用之情形歸納為三大類別，即合理要素說、不合理要素說及輔助要素說。藉由檢視各學說間特色及利弊得失影響，選擇符合職務發明制度意旨之方案，以落實專利法之立法目的。 最後在法律制度重視程序正義以及兼顧程序利益之前提下，對於企業如何設計妥善之發明獎勵制度提出建議，以期在法律面及實務面皆能建立完整且務實的制度架構，提供我國法律以及企業強化智慧財產權經營管理之方向。Inventions and patents are mostly accomplished through the way that enterprises manage research and development (R&D) activities in Taiwan. Regarding the achievement of inventions, the relationship between enterprise and the inventor is regulated under employee invention system. In order to promote and accumulate the nation’s technical power, the fundamental issue is to establish a perfect and practical employee invention system. For Taiwan, where science and technology are the foundations, the importance of employee invention system tells its own tale. A perfect and generous system in an enterprise would make employees more willing to devote themselves to research activities, and thus helps the enterprise develop outstanding inventions and acquire patents thereafter. Furthermore, the virtuous circle promotes the development of industry. With regard to legal system and judicial practices, it’s important to strike a balance between autonomy of enterprise and protection of employees, in order to give labors and enterprises incentives to put efforts on R&D activities. However, Taiwanese patent law is lack of regulation in the aspect of the reasonable remuneration, and the issue regarding to the reasonable remuneration is unrecognized, even though employers are entitled to the rights of employees’ inventions originally. Definitely, the protection on employee is insufficient. On the other side, a large number of litigations regarding to employee invention have occurred in Japan since 2000s. As of today, many scholars and practitioners have debated sufficiently on this issue, and Japanese patent law amended twice to solve relevant problem. The conclusion of the amendments, academic arguments and the feedback from the industries are valuable references. By combing out Taiwanese and Japanese arguments on reasonable remuneration, this essay concludes the characteristics of employee invention litigations and uses it as the basis of analysis. Moreover, this essay researched on the opinions of Japanese academic and practical theory that are related to the model of judicial review on the reasonable remuneration, to figure out the best dispute resolution system. According to my analysis, the arguments with regard to the judicial review on reasonable benefit could be divided into two basic categories by defining due process itself is an end or a mean. Moreover, this essay specified the implementation and categorized the latter into three groups by defining substantive factors as Reasonable-factors, Unreasonable-factors and Auxiliary-factors. After considering the pros and cons of these theories, we could pick up the solution which is correspondent to the aim of employee invention system, and then achieve the goal of patent law. Under the legal system, which takes procedural justice and procedural interest into consideration, this essay gave advice for the enterprises on establishing proper invention reward system, looking forward to constructing a complete and practical legal system, and indicating Taiwanese legal system and enterprises the way to enhance intellectual property management