First, the right to apply for a patent for a commissioned technological achievement generally belongs to the research and development personnel. Unless otherwise agreed by both parties, such agreement shall prevail.
Second, the right to apply for a patent for the technological achievements completed by cooperative development belongs to the parties involved in cooperative development. If the technological achievement completed by cooperative development is not patentable or patentable, but the parties do not want to apply for a patent, all parties to cooperative development have the right to use, transfer and benefit from the technological secret achievement.
Third, in the entrusted development contract, if the research and development personnel obtain the patent right, the client has the right to exploit the patent for free. The research and development personnel transfer the patent application right. The principal has the priority assigned. The research and development personnel entrusted with the development shall not transfer the research results to a third party before delivering them to the entrusting party. Anyone who violates this obligation shall bear the corresponding liability for breach of contract.
Fourth, in a cooperative development contract, if one party transfers the right to apply for a patent, the other parties shall enjoy the priority of the assignee under the same conditions. If one party to the cooperative development waives all its patent application rights, the patent application rights shall be enjoyed and exercised by other parties individually or jointly. If a patent is obtained after the application, the party who gives up the right to apply for a patent may exploit the patent free of charge.