Main forms
1. Patent damages arising from the agreement of the contract include:
Article 8 of the Patent Law stipulates: two or more entities or individuals For inventions and creations completed through cooperation, or for inventions and creations completed by one unit or individual under the entrustment of another unit or individual, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual who completed or jointly completed the application; after the application is approved , the applicant unit or individual is the patentee.
2. Negotiation*** Yes
According to the provisions of the Patent Law, if two entities or individuals apply for patents on the same day for the same invention, the two parties shall negotiate. Solve applicant issues. The result of negotiation may often be that both parties become co-applicants. When the patent is approved, both parties become co-patentees.
3. There are conflicts arising from actual cooperative research activities
There is no agreement between the parties during the process of jointly researching an invention and creation. After the invention is completed, For such inventions and creations that have no contractual relationship but have actually formed an independent invention relationship, when confirming the ownership of their rights, we can refer to the relevant provisions of the "General Principles of the Civil Law" and rely on the cooperation between the parties to produce the invention. The fact of creation confirms the patent right.