Where the parties have no agreement on the ownership of the rights and interests of the invention-creation after the entrusted development:
1. The right to apply for a patent belongs to the research developer.
2. Where the research developer transfers the right to apply for a patent, the trustor enjoys the priority of the assignee.
3. If the research developer obtains the patent right, the client can exploit the patent for free.
Two. Ownership of intellectual property rights in cooperative development and ownership of rights and interests of inventions and creations completed in cooperative development.
Where the parties have no agreement on the ownership of the rights and interests of the invention-creation after cooperative development:
1, the patent application right shall be enjoyed by all parties to the cooperative development.
2. If one party transfers its patent application right, the other parties shall enjoy the priority of compensation.
3. If one party to the cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.
4. If one party to the cooperative development waives its patent application right, the other party may apply separately 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.
Legal basis: Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.