Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed in cooperation with 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.
Therefore, if the parties have an agreement on the invention-creation completed by cooperation or entrustment, the right to apply for a patent and the patent right arising therefrom shall be determined in accordance with their agreement; If the parties have not agreed or the agreement is unclear, their rights shall be determined according to law.
Sharing principle of technology development contract
1. Unless otherwise agreed in the contract, the patent application right belongs to the research and development party. If the research and development party obtains the patent right, the entrusting party can exploit the patent for free. If the research and development party transfers its right to apply for a patent for invention-creation, the entrusting party may obtain the right to apply for the patent first.
Unless otherwise agreed in the contract, the right to apply for a patent belongs to the parties to the cooperative development. If one party transfers its patent application right, the other party or other parties may have priority to accept its patent application right.
If one party to a cooperative development waives its right to apply for a patent, it may apply separately by the other party or jointly by other parties. After the invention-creation is granted a patent right, the party who gives up the right to apply for a patent can exploit the patent for free. 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.
3. The right to use, transfer and distribution of benefits of non-patented technological achievements that have been commissioned or cooperatively developed shall be agreed upon by the parties in the contract. If there is no agreement in the contract, all parties have the right to use and transfer it. However, before the research and development achievements are delivered to the entrusting party, the entrusted research and development party may not transfer them to a third party.
Baidu Encyclopedia-People's Republic of China (PRC) Patent Law