Entrust development contract intellectual property ownership clause

Legal analysis: if there is no agreement on the ownership of the rights and interests of invention and creation after commissioning, the right to apply for a patent belongs to the research and development person. If the research developer transfers the right to apply for a patent, the client shall have the priority to transfer it. If the research developer obtains a patent, the client can exploit the patent for free.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 852 The client of a commissioned development contract shall pay the research and development funds and remuneration, provide technical data, put forward research and development requirements, complete cooperation matters and accept the research and development results in accordance with the agreement.

Article 853 The developer of a commissioned development contract shall formulate and implement a research and development plan in accordance with the contract, rationally use the research and development funds, complete the research and development work on schedule, deliver the research and development results, provide relevant technical materials and necessary technical guidance, and help the client master the research and development results.

Article 854 Where the parties to a commissioned development contract violate the contract, resulting in stagnation, delay or failure of the research and development work, they shall be liable for breach of contract.

Article 855 The parties to a cooperative development contract shall make investment in accordance with the agreement, including technology investment, division of labor to participate in research and development, and cooperative research and development.

Article 856 If the parties to a cooperative development contract violate the contract, resulting in stagnation, delay or failure of research and development, they shall be liable for breach of contract.