Knowledge points of 2020 judicial examination: cooperative invention-creation and entrusted invention-creation patent subjects

# Judicial Examination # Introduction The nine-story platform starts from the foundation soil; A journey of a thousand miles begins with a single step. On the way to prepare for the exam, I cried, tired and laughed, but as long as I keep going, I will eventually get our certificate. The following is "Knowledge Points of 2020 Judicial Examination: Patent Subject of Cooperative Invention and Entrust Invention and Creation" compiled by KaoNet! I wish you all a smooth preparation!

The patent subject of cooperative invention-creation and entrusted invention-creation

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.

(1) The subject of the patent right for cooperative invention-creation.

From an appointment to a companion without an appointment.

(1) If one party transfers its patent application right, under the same conditions, the other parties have the priority to be transferred.

(2) If one party waives the patent and the other party applies alone or jointly by other parties, the waiving party may exploit the patent for free.

(3) If one party does not agree to apply for a patent, the other party or other parties shall not apply for a patent.

(2) The subject of the invention-creation patent right.

There is a contract with the trustee, but there is no contract with the trustee, but the client can exploit the patented technology for free.

(3) the exercise of the patent right of * * *

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.

pay attention to

(1) The right to apply for a patent shall be approved by all * * *;

(2) * * * Some people exploit the patent alone or license others to exploit the patent by ordinary license. * * * Some people can decide independently, but the royalties should be divided with other people * * *;

(3) Other patent rights must be approved by all * * * people.