The difference between the rights and obligations of Party A and Party B in a contract is that Party A generally refers to the party who puts forward the goal and is the leading party of the contract, and its rights are usually the obligations of Party B, while Party B generally refers to the party who completes the goal and gains benefits according to the completion, and its obligations often revolve around the rights of Party A. ..
Legal objectivity:
The Patent Law of People's Republic of China (PRC) stipulates that "unless otherwise agreed, the right to apply for a patent belongs to the jointly-completed invention-creation or the invention-creation entrusted by other units or individuals." According to this law, if the entrusted invention-creation is not stipulated or clearly stipulated in the entrustment contract, the right to apply for a patent belongs to the unit or individual who completed the patent; If there is a clear agreement between the two parties in the entrustment contract, the ownership of the patent application right shall be implemented in accordance with the agreement. To determine the ownership of the right to apply, it should be clear whether it was completed by individuals or by performing their duties. If the trustee is a legal person, the person who completed the invention and creation is the staff of the trustee, and the completed invention and creation uses the technical data and human and financial resources of the legal person unit, then the invention and creation is a job behavior, and the right to apply for a patent right should belong to the trustee unit rather than the specific inventor. However, specific inventors can get bonuses and remuneration according to regulations, and they can sign their personal names. If the entrusted party is an individual (including two or more persons), the right of application belongs to the individual. Under normal circumstances, the entrusting party entrusts the technical data, materials, funds and remuneration to the entrusted party, and the entrusted party only makes inventions and creations within the scope permitted by the funds according to the technical data and materials provided by the entrusting party, and the rights and obligations of both parties are complicated. With regard to the right to apply for a patent for invention-creation, a written entrustment contract shall be concluded in accordance with the provisions of the Contract Law of People's Republic of China (PRC) to clarify the rights and obligations of both parties and reduce patent disputes.