How to apply for a patent for a cooperative invention?

A cooperative invention may apply for a patent in the following ways: 1. If the parties to the cooperation have an agreement on the application for a patent for cooperative invention, the patent application shall be implemented in accordance with the agreement; 2. Where there is no agreement on the patent application for cooperative invention, the right to apply for a patent belongs to all parties involved in cooperative development.

legal ground

Article 8 of the Patent Law of People's Republic of China (PRC) * * * An invention-creation completed by two or more units or individuals in cooperation, or an invention-creation entrusted by one unit or individual to another unit or individual, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual that completed it or jointly completed it; After the application is approved, the applicant unit or individual shall be the patentee. Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.