The invention-creation completed by cooperative development refers to the invention-creation formed by two or more units or individuals cooperating with each other and jointly researching and developing.
According to the relevant provisions of the patent law, the ownership of the right to apply for a patent for an invention-creation completed by cooperation can be divided into two aspects:
1. If the parties have an agreement, such agreement shall prevail; That is, if the parties have agreed in advance on the right to apply for a patent, the agreement shall prevail. After the application is approved, the applicant or individual who agrees is the patentee.
2. If there is no agreement between the parties, the right to apply for a patent belongs to the completed or * * * completed unit or individual. After the application is approved, the applicant unit or individual shall be the patentee.
To sum up, the invention-creation completed by cooperative development can be agreed by the parties to the cooperative development contract on the ownership of the right to apply for a patent. If there is no agreement, it shall be shared by * * * and the completion party.
In addition, according to the provisions of Article 340th of the Contract Law, if one party to the cooperative development transfers its right to apply for a patent, under the same conditions, the other parties have the priority to be assigned; If one party to the cooperative development waives the right to apply for a patent, it may apply separately by the other party or jointly by other 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 may not submit a patent application.