1. If both parties have an agreement on the application for a patent for cooperative invention, the patent application shall be implemented in accordance with the agreement.
2. Where there is no agreement between the two parties on the application for a patent for a cooperative invention, the right to apply for a patent belongs to all parties involved in the cooperative development.
legal ground
Article 8 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed in cooperation with two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.
Article 9
The same invention can only be granted a patent right. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.