How to distribute the benefits of cooperative patents?

Patents of cooperative nature generally distribute benefits according to contracts. If there is no agreement, both parties have the right to apply for a patent, but only one person is approved to enjoy the patent right. Both parties can distribute the benefits obtained from the patent through consultation. If negotiation fails, they can be assigned through mediation or prosecution.

legal ground

Article 7 of the patent law

No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.

Article 8

Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed in cooperation with two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.