In principle, cooperative invention patents belong to the parties. The right to apply for a patent belongs to the unit or individual who completed or jointly completed the patent. If one party declares to give up, the other party can apply alone or by other parties. All parties must agree to apply, unless otherwise agreed upon by the parties.
Legal Basis
Article 8 of the Patent Law of the People's Republic of China. For inventions and creations completed through cooperation between two or more units or individuals, one unit or individual accepts the invention from another unit or individual. For inventions and creations completed under personal entrustment, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual who completed or co-completed the invention; after the application is approved, the applying unit or individual shall be the patentee. Article 860 of the People's Republic of China and the Civil Code of the People's Republic of China: For an invention-creation completed through cooperative development, the right to apply for a patent belongs to the parties involved in the cooperative development; if one party transfers its exclusive right to apply for a patent, , other parties have the right to receive priority under the same conditions. However, unless otherwise agreed by the parties. If one of the parties involved in the joint development declares to give up its exclusive right to apply for a patent, the other party may apply alone or jointly with the other parties, unless otherwise agreed by the parties. If the applicant obtains a patent right, the party that gives up the right to apply for the patent can exploit the patent free of charge. If one party to the joint development does not agree to apply for a patent, the other party or other parties may not apply for a patent.