If the research developer obtains a patent, the customer can use the patent for free. Where the research developer transfers the right to apply for a patent, under the same conditions, the client may apply for a patent first.
Unless otherwise agreed by the parties, the right to apply for a patent belongs to the parties to the cooperative development. If one party transfers its patent application right, the other parties may give priority to the transfer of its patent application right.
If one party to the cooperative development waives its exclusive patent application right, it may apply separately by the other party or jointly by other parties. However, after the applicant obtains the patent right, the party who gives up the right to apply for a patent can exploit the patent for free.
If one party to the cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.
3. The right to use, the right to transfer and the way to distribute the benefits of the technological secret achievements entrusted or cooperatively developed shall be agreed upon by the parties. If there is no agreement or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of the General Principles of the Civil Law, all parties have the right to use and transfer it, but the research and development developer entrusted with the development shall not transfer the research and development results to a third party before delivering them to the client.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 511 Where the contents of a contract are not clearly prescribed by the parties and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply:
(a) the quality requirements are not clear, in accordance with the mandatory national standards; If there is no mandatory national standard, it shall be implemented in accordance with the recommended national standard; If there is no recommended national standard, it shall be implemented in accordance with industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract.
(2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions.
(3) Where the place of performance is unclear, if payment is made in currency, it shall be performed at the place where the party receiving the currency is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located.
(4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time.
(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract.
(six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation; The performance expenses increased due to the creditor's reasons shall be borne by the creditor.
Article 860 The right to apply for a patent for an invention-creation completed through cooperative development belongs to the parties involved in the cooperative development. If one party transfers its patent application right, under the same conditions, the other parties have the priority to be assigned. However, unless otherwise agreed by the parties.
If one party to a cooperative development waives its right to apply for a patent, it may apply separately by the other party or jointly by other parties, unless otherwise agreed by the parties. If the applicant obtains a patent right, the party who gives up the right to apply for a patent may exploit the patent free of charge.
If one party to the cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.
Article 861 The right to use, the right to transfer, and the way to distribute the proceeds of the technological secret achievements completed through entrusted development or cooperative development shall be agreed upon by the parties. Where there is no agreement or the agreement is unclear and cannot be determined according to the provisions of Article 510 of this Law, the parties concerned have the right to use and transfer the same technical scheme before being granted the patent right. However, the research developer entrusted with research and development shall not transfer the research and development results to a third party before delivering them to the client.