1. Patents of cooperative nature are generally allocated according to the contract. If there is no agreement, both parties have the right to apply for a patent, but only one person is approved to enjoy the patent right. Both parties can distribute the benefits obtained from the patent through consultation. If negotiation fails, they can be assigned through mediation or prosecution.
2. Legal provisions: Article 14 of the Patent Law of People's Republic of China (PRC).
Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.
Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.
Article 16
An inventor or designer has the right to state clearly in the patent document that he is an inventor or designer.
The patentee has the right to indicate the patent mark on his patented product or the packaging of the product.
Second, how to apply for a patent
1. Prepare the application documents. Utility models and inventions include requests, specifications, claims, attached drawings of specifications and abstract of specifications. A patent for design shall contain a request, a picture or photograph and a brief explanation.
2. There are two ways to submit materials, such as going directly to the lobby of the patent office or the local patent agency window; Submit by mail.