1. The ownership of the results of a technology development contract entrusted by the developer means that the invention-creation entrusted by the developer enjoys the right to apply for a patent, unless it is otherwise provided by law or agreed by the parties. If the research developer obtains a patent right, the client may exploit the patent according to law.
2. Legal basis: Article 859 of the Civil Code of People's Republic of China (PRC).
Unless otherwise provided by law or otherwise agreed by the parties, the right to apply for a patent for an invention-creation entrusted for development belongs to the research developer. If the research developer obtains a patent right, the client may exploit the patent according to law.
Where the research developer assigns the right to apply for a patent, under the same conditions, the trustor shall have the priority to be assigned.
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.
Second, what is the definition of entrusted development contract?
Entrusted development contract is a kind of technology development contract. Refers to the technical contract that one party entrusts the other party to carry out certain research and development projects. The characteristics of entrusted development contracts are that the entrusting party provides research and development funds and remuneration to the research and development party, and the research and development party completes the research and development work and delivers the results to the entrusting party.