Exercise of cooperative patent right

Ownership of the patent for cooperative invention: In general, the patent application right belongs to the co-inventor, and the patent right belongs to the party whose patent application is approved. Exercise of the patent right for cooperative invention: Generally speaking, it shall be exercised by the parties in accordance with the agreement. If there is no agreement, the licensing right can be exercised separately, but the right to apply for a patent or the patent right can only be exercised with the consent of the owner.

legal ground

Article 8 of the Patent Law: Unless otherwise agreed, the right to apply for a patent belongs to the entity or individual that jointly completed the invention or creation, or the invention or creation entrusted by one entity or individual to another entity or individual; After the application is approved, the applicant unit or individual shall be the patentee. Article 14 Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners. Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.