1. Is the entrusted patent owned by the entrusting party?
If there is an agreement, it shall be followed; if th
1. Is the entrusted patent owned by the entrusting party?
If there is an agreement, it shall be followed; if there is no agreement, it shall be owned by the client. The patent right entrusted to others for development belongs to the research developer, unless otherwise agreed by the parties. The authorized service invention patent belongs to the unit, so the unit is also the patent holder, so the unit can agree with the inventor in advance to pay the corresponding incentive fee, which can be solved through litigation or handled by the Intellectual Property Office.
1. The right to terminate the entrusted contract is very special. According to the regulations, the conclusion of the entrustment contract is based on the mutual trust between the principal and the trustee, so if one party has no trust in the other party, it can terminate the entrustment contract at any time;
2. The entrustment contract cannot involve some extremely close and inseparable entrustment, such as marriage registration.
3. There are entrusted inventions in our country's laws, that is, inventions entrusted to others through contracts. Patent law and contract law adopt the principle of contract priority in the ownership of such inventions. If the contract is not clear or the ownership of the right is not stipulated in the contract, the law makes more favorable provisions for the trustee, that is, the right belongs to the party who has completed the invention and creation;
Entrusted invention refers to the invention and creation completed by research and design based on the entrustment of others. Unless otherwise agreed in the contract, after the application is approved, the patent right of the commissioned invention belongs to the inventor or invention unit, and the client may use the invented product within the time limit agreed in the contract.
If an entrusted agent needs to entrust others for the benefit of the principal, it shall obtain the consent of the principal in advance. Without the prior consent of the client, the client shall be informed in time afterwards. If the principal does not agree, except in an emergency, in order to protect the interests of the principal, the agent shall bear civil liability for the acts of the principal.
Second, the relevant provisions of the invention patent right
An invention patent is the exclusive right to a new technical scheme proposed by a product, method or its improvement, which is generally called an invention patent.
Generally, there are three conditions for granting the invention patent right:
1, novelty. That is, before the filing date, no identical invention was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention was applied to the Patent Office by others and recorded in the patent application documents published after the filing date.
2. Creativity. That is, compared with the prior art before the filing date, the invention has outstanding substantive characteristics and remarkable progress.
3. practicality. That is, the present invention can be manufactured or used, and can produce positive effects.
Citizens and enterprises can also entrust others to carry out patent development according to their own needs, so in order to avoid any disputes and disputes afterwards, an entrustment agreement can be signed in advance, so the specific ownership of the patent right and the rights and obligations of both parties should also be stated in the entrustment agreement, and disputes can also be resolved through litigation.
In the judicial practice of patent disputes. It often happens that the client signs an entrustment contract with others, stipulating that others will research and develop patents on his behalf. In this commissioned development contract, the most important issue is the ownership of the patent right finally developed.