1. * * generated according to the contract is
Article 8 of the Patent Law stipulates: Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation jointly completed by two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.
2. Consultation * * * Yes
According to the provisions of the Patent Law, if two units or individuals apply for a patent for the same invention and creation on the same day, the applicant's problem shall be solved by both parties through consultation. The result of negotiation may often be that both parties become the same applicant, and after the patent is approved, both parties become the same patentee.
3. Due to the actual cooperative research behavior, there are * * *
In the process of research, invention and creation, the two sides did not reach an agreement. After the invention is completed, for the invention-creation that has no contractual relationship but has actually formed a relationship with the invention, when confirming the ownership of its rights, it can refer to the relevant provisions of the General Principles of the Civil Law and confirm the existence of the patent right according to the fact that the cooperative behavior between the parties has produced the invention-creation.