The ownership of the right to apply for a patent for an invention-creation that has been jointly developed depends on the circumstances. According to Article 860th of the General Principles of the Civil Law, if there is an agreement on the right to apply for a patent for an invention-creation completed by cooperative development, it belongs to cooperative development if the parties have not agreed. The transferor of the patent application right transfer contract fails to perform the contract and delays the provision of technical information and materials.
Or the technical information and materials provided do not reach the level that ordinary professional and technical personnel in this field can make inventions, they shall pay liquidated damages or compensate for losses. If the transferee of the contract for the transfer of patent application right fails to perform the contract and delays the payment of the price, it shall pay liquidated damages. If the price or liquidated damages are not paid, the right to apply for a patent shall be returned, the technical data shall be returned, and the liquidated damages shall be paid or the losses shall be compensated.
legal provision
Signing a patent application right transfer contract is risky for the assignee, because it is not the patent right but the patent application right, and the patent application may be rejected. Therefore, the parties may stipulate in the contract that the losses after the patent application is rejected shall be borne by themselves, unless the transferor's transfer of the patent application right damages the patent right and patent application right of others, and the transferor shall not bear the consequences of the patent application.
An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer After the application is approved, the inventor or designer shall be the patentee.